Ill. Workers' Comp Bill Should Not Apply Retroactively

Law360 (May 8, 2019, 2:52 PM EDT) -- With the passage of Illinois Senate Bill 1596 and the expected signing of the law by Gov. J.B. Pritzker, Illinois lawmakers are attempting to address perceived injustices associated with a long-standing statute of repose that bars claims of some plaintiffs who have been diagnosed with asbestos-related diseases many years after they were exposed to asbestos during their employment.

Specifically, the law indicates that plaintiffs whose workers' compensation claims against their employers are barred by the statute of repose may bring civil suits against their employers. This creates an exception to the exclusive remedy provision of the workers' compensation system, which typically...

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