The last-injurious-exposure rule is a legal principle that assigns full responsibility for an occupational disease to the employer or insurer that last exposed a worker to harmful substances before the onset of the disease. This rule applies even if the most recent exposure is not the main cause of the illness. It is also referred to as the last employer rule.
This rule is primarily used in workers' compensation cases, particularly in the context of occupational diseases. It is relevant in civil law, especially for employees seeking compensation for work-related injuries. Users can manage their claims using legal templates available through US Legal Forms, which are drafted by qualified attorneys to ensure compliance with applicable laws.
Here are a couple of examples of abatement:
Example 1: A worker develops lung disease after being exposed to asbestos at two different jobs. The last employer who exposed the worker to asbestos before the disease was diagnosed may be held liable under the last-injurious-exposure rule.
Example 2: An employee suffers from repetitive strain injuries after working for several companies. If the last employer is found to have contributed to the injury, they may be responsible for the worker's compensation claim. (hypothetical example)
| State | Details |
|---|---|
| California | California applies the last-injurious-exposure rule, allowing workers to claim compensation from the last employer even if previous exposures contributed to the disease. |
| New York | New York follows a similar approach but may require additional evidence of the last exposure's role in the development of the disease. |
| Texas | Texas has specific regulations that may limit the application of the last-injurious-exposure rule in certain cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Last-injurious-exposure rule | Assigns liability to the last employer who exposed a worker to harmful substances before a disease onset. |
| Occupational disease | A disease contracted as a result of exposure to risk factors arising from work activities. |
| Compensable injury | Injury that qualifies for compensation under workers' compensation laws. |
If you believe the last-injurious-exposure rule applies to your situation, consider the following steps:
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It is a legal principle that assigns liability for occupational diseases to the last employer who exposed a worker to harmful substances before the disease onset.