The U.S. Court of Appeals for the Seventh Circuit has taken a significant step in clarifying issues around employer liability for certain workplace diseases, some of which may not manifest until years post-employment. Recently, the Court certified three questions to the Illinois Supreme Court, directly tackling workers’ compensation claims relevant to illnesses such as asbestosis and angiosarcoma.
In a noteworthy ruling, Judge Amy St. Eve provided the written opinion, certified two queries that were originated from the district court and introduced a third. The need for this additional step was triggered by the lack of controlling precedent in the Illinois Supreme Court in relation to questions surrounding the Workers’ Occupational Diseases Act, 820 ILCS 310/1 et seq.
These actions come in an attempt to demystify complex legal areas around conditions that might not become apparent for a significant duration after employment termination. Presently, the ball is in Illinois Supreme Court’s court to provide authoritative interpretations and guide future litigation on these matters. You can access and review the detailed March 6 opinion for a comprehensive understanding of the issue.