The short answer is yes. There are certain restrictions and time frames that must be complied with in order to get compensation for an asbestos exposure in Pennsylvania Workers’ Compensation. Asbestos exposure is covered under the Occupational Disease portion of the Pennsylvania Workers’ Compensation. Under the occupational disease provisions of the act you must’ve been exposed to asbestos for a minimum period of two years while working in the Commonwealth of Pennsylvania the disability from the exposure to asbestos must occur within 300 weeks of the last exposure to the hazard and not 300 weeks from the date of last employment.
When a disease from asbestos exposure manifests itself beyond the 300 week limitation, the injured worker’s remedy to seek benefits or compensation is outside the PA Workers’ Compensation Act. The only remaining option to an injured worker is a direct action against the employer. The exclusive remedy provisions of the Workers’ Comp Act will not bar an action in this limited instance. Asbestos exposure cases often rely on very specific details, for example the location and the duration of exposure also when the disease from exposure manifested itself. If you suffered mesothelioma or other illness from exposure to asbestos while on the job is best to contact an attorney to understand your rights under both the Pennsylvania Workers’ Compensation and other remedy’s available to you.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
