If you have been diagnosed with mesothelioma or another asbestos-related disease, it is beneficial to you to file your mesothelioma case in Pennsylvania. Loved ones of those who have passed away due to an asbestos-related disease, such as mesothelioma, can also file wrongful death claims on behalf of their family member. Pennsylvania differs from other states when it comes to filing mesothelioma cases, because in PA you can sue the employers who exposed you or a loved one to asbestos based on the Pennsylvania Workers’ Compensation Act.
Asbestos Filings in Pennsylvania
In 2022, there were 1,859 filings for asbestos cases in the US. These most common types of cases include:
- Mesothelioma
- Asbestosis
- Lung Cancer
All of these diseases can be caused by exposure to asbestos. Of these 1,859 cases, 243 were filed in Philadelphia County, Pennsylvania. Philadelphia was the top fourth jurisdiction for filing asbestos cases in 2022, with an almost 20% increase in filings compared to the previous year.
In terms of mesothelioma filings alone, Philadelphia was in the top three jurisdictions for filing a mesothelioma case in 2022 with a 41.9% increase in filings compared to the previous year.
It is beneficial to file your mesothelioma case in Pennsylvania, because under the Pennsylvania Workers Compensation laws, mesothelioma victims are able to sue the employer who exposed them to the asbestos that led to their diagnosis.
Pennsylvania Workers’ Compensation Act
The Pennsylvania Workers’ Compensation Act (WCA) technically states that asbestos claims have to be filed within 300 weeks of the last time the employee was exposed to asbestos. However, the latency period for developing mesothelioma can be decades after exposure. In 2013, a ruling by a PA Supreme Court stated that workers who were exposed to asbestos and later developed mesothelioma or another asbestos-related disease could still sue employers after this 300-week limit. This came from the understanding that mesothelioma usually does not present with symptoms for at least 20 years after exposure to asbestos.
There are multiple avenues when it comes to obtaining compensation for your mesothelioma case in Pennsylvania. If there are viable defendants, then the employers who exposed you to asbestos, as well as the manufacturers of the asbestos products you were exposed to, can be sued.
Additionally, with the help of an experienced Pennsylvania mesothelioma attorney, you can file a claim with a bankruptcy trust to obtain compensation.
It is important to pursue a case as soon as possible in order to get fully compensated.
- The statute of limitations to file your asbestos case in Pennsylvania is two years after diagnosis.
- In the case of a wrongful death case, if you are filing on behalf of a loved one, the statute of limitations is two years after the loved one has died from an asbestos-related disease.