Asbestos Workers’ Compensation Claims

Helping Illinois Workers Recover Benefits for Asbestos-Related Illnesses

Asbestos exposure is extremely dangerous for workers in various industries across Illinois. This toxic substance is commonly associated with construction and demolition projects, but other occupations can be hazardous as well. If you are an employee who has been exposed to asbestos, you can pursue an asbestos workers’ compensation claim.

At IL Work Injury Lawyer, our top workers’ compensation attorneys can guide you through the claims process to secure fair benefits. Asbestos victims can experience numerous health conditions because of their work, and experienced lawyers can help them recover their financial losses. From our Chicago office, we can represent injured workers and sue employers across the state. 

What Are the Most Common Asbestos-Related Illnesses in Illinois Workplaces?

Repeated asbestos exposure can have severe consequences on your health. Here are some of the most common asbestos-related diseases that workers may be exposed to in Illinois:

• Mesothelioma – A rare and aggressive cancer that develops in the thin tissue lining many of our organs
• Asbestosis – A chronic lung disease caused by inhaling asbestos fibers that can lead to lung scarring and shortness of breath
• Lung cancer – Cells in the lung start to grow abnormally
• Pleural plaques – Deposits of thickened and calcified scar tissue on the lining of the lungs, known as the pleura
• Other chronic respiratory diseases linked to asbestos fiber inhalation

Which Illinois Workers Are at the Highest Risk for Asbestos Exposure?

Asbestos exposure can be a risk in many workplace environments. However, workers in the following industries are more likely to suffer from these illnesses:

• Construction workers (demolition, renovation, insulation)
• Shipyard and maritime workers
• Factory and manufacturing employees
• Automotive brake repair and railroad workers
• Power plant and refinery workers
• Insulation installers
• Firefighters
• Military personnel in shipyards and bases

What Workers’ Compensation Benefits Are Available for Asbestos-Related Diseases in Illinois?

The Illinois Workers’ Compensation Act (820 ILCS 305) requires almost all employers in the state to carry workers’ compensation insurance. When employees get injured on the job, they can file claims to recover certain benefits.

Here are the most common payments associated with workers’ compensation:

• Medical expense coverage – This can include diagnostic testing, ongoing treatment, medication, assistive devices, and palliative care
• Temporary total disability (TTD) benefits – Wage replacement for lost income while you are temporarily out of work
• Temporary partial disability (TPD) benefits – If you must work at a diminished capacity, this can make up for the difference in wages
• Permanent partial disability (PPD) benefits – Ongoing payments to cover the loss in wages due to reduced working capacity
• Permanent total disability (PTD) benefits – Ongoing wage replacement if you are permanently out of work
• Vocational rehabilitation coverage – For costs associated with training for a new role after asbestos exposure occurred
• Death benefits for surviving dependents – Upfront and ongoing payments for surviving family members (funeral expenses and lost wages)

Who Is Eligible to File a Claim for an Illness Caused by Asbestos?

Any employee whose illness arose out of and in the course of their employment is eligible for workers’ compensation as long as the employer is insured and the exposure did not occur while you were violating company policies. 

Independent contractors are typically not eligible for workers’ compensation, though you could still pursue a third-party injury claim. 

How to File a Mesothelioma Workers’ Compensation Claim in Illinois

Securing workers’ compensation benefits will require following the proper procedures. Skipping any of the steps could undermine your claim or result in a lower payout. 

Here are the most important steps you should take after discovering your occupational exposure illness:

• Report work-related injuries or illnesses to your employer as soon as you are diagnosed or become aware that the condition is work-related (within 45 days)
• Seek immediate medical evaluation and ensure asbestos exposure is documented in your records
• Document work history and potential sources of exposure, including prior employers and unsafe workplace protocols
• File an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) to protect your rights as an injured employee
• Keep thorough medical and employment records to support your case
• Work with our expert attorneys to navigate complex exposure timelines and multi-employer claims

Are There Other Compensation Options for Occupational Asbestos Exposure?

If someone other than your employer is responsible for your asbestos exposure, you could pursue damages outside of a workers’ compensation claim. 

With these legal options, you must be able to prove negligence, which includes the following elements:

• Duty of care
• Breach of duty
• Causation
• Legal damages

Mesothelioma Lawsuits

If a manufacturer, supplier, or contractor was responsible for your being exposed to asbestos, then you could seek a lawsuit against them. Often, these cases become class-action lawsuits because multiple parties are affected by the exposure and may be suffering from a mesothelioma diagnosis. 

Asbestos Trust Funds

Multiple asbestos suppliers and manufacturers have set up trust funds to compensate victims of asbestos exposure, including mesothelioma patients. Rather than filing a complex lawsuit, you can seek compensation for your losses through an asbestos trust fund claim. 

These trust funds are set up to protect workers diagnosed with these diseases via financial assistance. 

How Long Do Victims Have to File Asbestos Claims?

Occupational asbestos exposure is a little more complicated than most work-related injuries. Often, the disease has a long latency period, so symptoms are not recognized until months or even years after the disease is contracted. 

Under state law 820 ILCS 310/ (the Illinois Workers’ Occupational Diseases Act), you will have three years from the date of the disablement or two years from when you knew the condition was work-related to file your workers’ compensation claim. 

How an Illinois Asbestos Lawyer Can Help

At IL Work Injury Lawyer, our team is committed to helping victims of asbestos exposure recover the compensation they need to move on. We provide a compassionate approach and will handle the logistical details so you can focus on your health. 

Our legal services include:

• Identifying all responsible employers and asbestos-containing product manufacturers
• Coordinating with medical experts specializing in asbestos incidents
• Gathering evidence to support your claim, such as medical treatment records
• Handling workers’ comp and mesothelioma lawsuits to secure maximum recovery

Settlements Recovered by Our Mesothelioma Lawyers

Experience can make all the difference when navigating workers’ compensation laws in Illinois. Our firm has decades of expertise supporting workers’ comp claims, including those that involve asbestos or mesothelioma. 

Here are some past settlements we have secured for our workers’ compensation clients:

$1.495 million – Luis worked at multiple Chicago-area job sites handling asbestos-laden materials without protective gear. Union records and expert testimony confirmed repeated exposure caused both mesothelioma and lung cancer, leaving him unable to work and requiring extensive treatment. The $1,495,000 settlement helped cover his care costs and provide for his family’s future.

$1.8 million – Robert spent decades as a Chicago public school maintenance worker, regularly stripping and waxing asbestos-containing floors. Industrial hygiene reports and school records confirmed the exposure that led to his mesothelioma, which caused significant pain and forced early retirement. His family received $1,800,000 from asbestos trust funds to cover medical bills and end-of-life care.

$2.22 million – James, a construction worker on a South Side factory expansion, unknowingly inhaled asbestos fibers while installing insulation. Years later, he developed mesothelioma, with medical evidence linking his illness to products used on the job and proof the contractor ignored safer options. The settlement totaled $2,220,000 in mesothelioma compensation, which provided critical support for his family after his passing, helping cover medical expenses and lost income.

FAQs

Can I file for workers’ comp benefits and an asbestos-related claim at the same time?

Yes, you can pursue a workers’ compensation claim and a third-party liability lawsuit at the same time. However, you must be able to prove negligence occurred by someone other than your employer for a personal injury lawsuit, whereas workers’ compensation is a no-fault system. 

What is the average payout for asbestos exposure in Illinois?

Numerous factors will affect the settlement value of your case, including illness severity, long-term impact, health complications, and liability. The average payout for an asbestos workers’ comp claim is roughly $28.66 million, with a median settlement of $5.93 million. Case values during this time fall within the range of $42,500 to $250 million. 

Keep in mind that many of these settlements involved multiple plaintiffs.

Can I sue an asbestos manufacturer?

You can hold an asbestos manufacturer accountable for your damages under state law 735 ILCS 5/2-21 (product liability). However, you must be able to prove duty of care, breach of duty, causation, and legal damages. 

You can pursue this lawsuit alongside a mesothelioma workers’ compensation claim. 

Book a Free Consultation

Workers’ compensation can provide valuable benefits to eligible employees who have been injured or become sick while on the job. If your employment has led to asbestos exposure, you may be entitled to these insurance payments if you have lost time at work or paid for medical treatment.

At IL Work Injury Lawyer, we understand the challenges that asbestos can cause for a worker’s future. Our Chicago-based work injury lawyer team will investigate the case, assess damages, determine liability, and help you fight for fair compensation. Our firm can help sick and injured employees across the state seek benefits from workers’ compensation programs. 

If you work with one of our attorneys, you will benefit from a contingency fee agreement. This means you owe nothing unless we win, so there are no upfront legal fees. We also offer a free consultation, allowing you to ask questions about your mesothelioma lawsuit.

Contact us today to schedule your free consultation about your employer’s workers’ compensation programs.