This blog was written by SWMW Law Partner Holly Deihl
Up until 2013, workers diagnosed with asbestos-related diseases – particularly mesothelioma – were often denied legal recourse against their employers. This was due to the restrictive frameworks of the Pennsylvania Workers’ Compensation Act (WCA) and the Pennsylvania Occupational Disease Act (ODA).
For decades, the WCA was the exclusive legal remedy for workers injured on the job, including those who developed occupational diseases like mesothelioma. However, a critical limitation existed: claims had to be filed within 300 weeks (5.75 years) from the last date of employment in the hazardous occupation.
This was nearly impossible for mesothelioma victims, as the disease typically develops 20 to 40 years after asbestos exposure. These workers were left without compensation or justice.
A Landmark Legal Shift: The 2013 Tooey Decision
A major turning point came in 2013 with the Pennsylvania Supreme Court decision in Tooey v. AK Steel Corp. This landmark mesothelioma case altered how asbestos-related claims could be brought against employers.
Key Takeaways from the Tooey Decision
- If a disease manifests beyond the WCA’s 300-week limit, the WCA’s exclusivity provision no longer applies.
- This allows workers to pursue common law tort claims – including for pain and suffering – that are not available under the WCA.
- To win such a claim, a worker must prove employer negligence in asbestos exposure.
This case opened the doors for mesothelioma lawsuits in Pennsylvania and empowered workers with long-latency diseases to seek justice.
The 2025 Herold Decision: Further Support for Asbestos Victims
In 2025, another powerful court decision reaffirmed workers’ rights. In Brad Lee Herold, as Executor of the Estate of William S. Herold v. University of Pittsburgh, the court ruled in favor of the mesothelioma victim’s estate.
Why the Herold Case Matters:
- The University of Pittsburgh argued that the claim was barred by the ODA’s four-year statute of limitations.
- The Supreme Court rejected this, stating that diseases manifesting outside the ODA’s limitations are not subject to its exclusivity provision.
- As a result, the estate was allowed to proceed with a negligence lawsuit.
This decision further clarified that asbestos-related diseases diagnosed outside the ODA timeline are eligible for common law relief.
What This Means for Asbestos Exposure Victims in Pennsylvania
The legal landscape has evolved significantly in favor of those suffering from occupational diseases caused by asbestos. Thanks to the Tooey and Herold rulings, workers and their families now have a clear legal pathway to:
- File mesothelioma lawsuits against former employers
- Pursue full damages, including pain, suffering, and wrongful death claims
- Hold employers accountable for negligent asbestos exposure, even decades after exposure occurred
Know Your Rights: Legal Help for Mesothelioma in Pennsylvania
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related illness and worked in a hazardous environment in Pennsylvania, you may be entitled to legal compensation – even if the exposure happened decades ago. Contact us today for a free case evaluation and to explore your legal options under these expanded rights.