Ill. Court Reverses Order Dismissing Asbestos Claims, Says Claims Not Barred by Workers’ Compensation Act

ELGIN, Ill. –– An Illinois appellate court has reversed an order dismissing a number of asbestos claims, concluding that a portion of the claims were not, in fact, barred by the exclusive remedy provisions of the Workers’ Compensation Act since there was no valid contract between the decedent and his employer.

In the April 14 opinion, the Illinois Appellate Court, Second District, also found that the plaintiffs had sufficiently alleged that the defendant knew that the decedent would be injured if he performed asbestos removal, but was instructed to do it anyway.

The plaintiffs asserted the claims on behalf of …