Missouri worker with mesothelioma may pursue a personal injury suit against his employer
A recent court ruling has expanded the legal options available to Missouri workers who were exposed to asbestos in the workplace and now suffer from mesothelioma.
Prior to the ruling, workers compensation was the only option for employees who wanted to recover damages from their employers due to workplace exposure to asbestos. But a Missouri appellate court ruled recently that changes to the workers compensation law meant that it was no longer the exclusive remedy for occupational disease claims.
If you or someone you love has suffered as the result of exposure to asbestos, contact the Missouri personal injury lawyers at the S.E. Farris Law Firm to learn how or whether you have a personal injury or wrongful death claim. Call 314-A-LAWYER (314-252-9937) today for a free consultation or fill out our online contact form.
Asbestos and Mesothelioma
Mesothelioma is a rare and aggressive form of cancer that is most commonly found in the lining of the lungs and chest known as the pleura. The cancer is almost always linked to asbestos exposure. Unfortunately, for many, the cancer is incurable.
In State ex rel KCP&L Greater Missouri Operations Company v. Cook, a retired worker with mesothelioma filed a personal injury lawsuit against his employer as well as the makers of several asbestos-containing products he was exposed to during his employment.
In ruling that the worker was not barred from suing his employer by the workers compensation statute, the Missouri Court of Appeals, Western District determined that changes to the law’s wording in 2005 allowed workers with occupational diseases to sue their employers in court. Workers Compensation was no longer the exclusive remedy for injured workers.
The ruling is an important one but it will probably not be the last. An application for transfer has been filed that asks the Missouri Supreme Court to address the issue.
Contact a St. Louis Personal Injury Law Firm
At The S.E. Farris Law Firm, our practice is focused on the needs of injury victims. We guarantee our clients that our dedication is more than just a motto. At the end of your case, we measure our success not by the amount of money we have recovered for you but by whether you would give our name to others as good lawyers to have on their side.
If you or a loved one is suffering from mesothelioma, call 314-A-LAWYER (314-252-9937) today for a free consultation or fill out our online contact form.