Illinois Supreme Court Upholds Legislative Exception to Otherwise Time-Barred Workers’ Occupational Diseases Act Claims
January 31, 2025The Illinois Supreme Court just ruled that claims, which would have been time-barred under the original Workers’ Occupational Diseases Act (the “Act”) 820 ILCS 310.1, can now be pursued in civil courts. However, it’s important to note that a claimed workplace disease will generally be barred if brought outside of two years of exposure if known.
In 2019, the Illinois General Assembly enacted 820 ILCS 310.1.1 (the “Section 1.1 Exception” or the “Exception”), which allows civil claims to be brought for workplace chemical exposures that are time-barred by the Act due to being untimely discovered. On January 24, 2025, the Illinois Supreme Court, in Martin v. Goodrich Corporation et al., 2025 IL 130509, upheld the constitutionality of the Section 1.1 Exception holding that the Exception prospectively permits an employee to bring civil claims against his or her employer for undiscovered diseases otherwise time-barred under the Act. Defendants involved in asbestos or other toxic tort litigation in Illinois should consider the implications of Martin as it likely extends its liabilities. With this decision in hand, employees can pursue civil claims even after the 25-year period limit has expired.
In Martin, Plaintiff brought Wrongful Death (740 ILCS 180/0.01 et seq.) and Survival Act (755 ILCS 5/27-6) claims against her late husband’s employer in 2021 for her husband’s alleged chemical exposure, last occurring in 1974. Mr. Martin’s injury was discovered in 2019. While the Court said her claims were blocked under the original Act’s time limits, it ruled that her civil claims were allowed under the Section 1.1 Exception.
The Court ruled that the Exception should be applied prospectively to all claims filed after 2019. Notably, the Court further found the Exception did not run afoul of the Illinois Constitution’s guarantee of due process since the plaintiff’s case was filed after the Exception became effective, it did not take away any existing legal rights or reopen claims that were previously blocked by the Act.
This ruling, being entered by the Illinois Supreme Court, is binding on all Illinois courts.
To read the full Martin v. Goodrich decision, click under "Resources" below.
If you have questions related to the Illinois Supreme Court’s ruling, please reach out to Douglas M. Nieder, Jissel Esparza, or your Lewis Rice attorney.
