Mesothelioma is a rare cancer of the lining of the lungs, abdomen, or heart caused almost exclusively by asbestos exposure. It is usually diagnosed 20 to 50 years after the exposure that caused it, which means many people diagnosed today worked at Central Illinois and Metro East refineries, plants, power stations, railroads, and job sites in the 1960s through the 1990s. Family members who laundered work clothes were exposed too.
Who was exposed
Insulators, pipefitters, boilermakers, electricians, millwrights, mechanics, construction workers, laborers, and Navy veterans had the heaviest exposure. Workplaces across our region used asbestos-containing insulation, gaskets, brakes, and building products for decades. Our article Who Is at Risk? lists the trades and industries in detail.
Your options after a diagnosis
- A lawsuit against product manufacturers and suppliers. Most asbestos claims are brought against the companies that made and sold the products, not against a former employer. Illinois courts in Madison and St. Clair Counties have long experience with these cases.
- Asbestos bankruptcy trust claims. Dozens of former asbestos manufacturers reorganized in bankruptcy and were required to fund trusts for future claimants. Trust claims follow published criteria and can be resolved faster than litigation.
- Veterans benefits. Navy and other veterans exposed during service may qualify for VA disability compensation and care in addition to any civil claim.
- Wrongful death and survival claims for families whose loved one has already passed.
Deadlines run from diagnosis, not exposure
Illinois applies a discovery rule to asbestos disease. In general terms, the two-year limitations period begins when the person knew or reasonably should have known that the illness was caused by asbestos. Wrongful death claims have their own two-year period from the date of death. These rules have exceptions, so treat any diagnosis as a reason to call promptly.
What a preliminary review involves
You tell us about the diagnosis and the work history, including employers, job sites, trades, dates, and military service. We help identify likely exposure sources and explain which paths may be available. Representation availability, including whether the firm will handle the matter directly or work alongside co-counsel with a dedicated asbestos practice, is discussed with you directly and before any commitment. The conversation is confidential and does not create an attorney-client relationship.
What to gather
- The pathology report or diagnosis letter and the names of treating physicians.
- A work history with employers, job sites, job titles, and approximate dates.
- Military service records, if any.
- Union, pension, or Social Security earnings records that confirm dates and employers.
- Names of coworkers or family members who can describe the work environment.
Read more in Mesothelioma and Asbestos Exposure in Illinois: What Families Should Know.
Common questions
How long after asbestos exposure does mesothelioma appear?
Typically 20 to 50 years. Most people diagnosed today were exposed at jobs held decades ago.
Do I have to sue my former employer?
Usually not. Most asbestos claims target the manufacturers and suppliers of asbestos-containing products and the bankruptcy trusts those companies funded.
Can a family pursue a claim if the person exposed has died?
In many cases, yes, through wrongful death and survival claims brought by the estate for the benefit of the family, subject to strict deadlines.
I was exposed through a family member's work clothes. Do I have a claim?
Illinois courts have recognized secondary, or take-home, exposure claims in appropriate circumstances. Household members who laundered work clothes deserve the same careful review as the worker.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship with Brandenburg & Rees, LLP. Laws change and every situation is different; consult an attorney about your specific circumstances.
