Section 5-113 - Limitation on actions for damages from occupational disease.
§ 5-113. Limitation on actions for damages from occupational disease.
(a) "Occupational disease" defined.- In this section, "occupational disease" means a disease caused by exposure to any toxic substance in a place of employment and contracted during the course of employment.
(b) Limitation of actions.- An action for damages arising out of an occupational disease shall be filed within 3 years of the discovery of facts from which it was known or reasonably should have been known that an occupational disease was the proximate cause of death, but in any event not later than 10 years from the date of death.
(c) "Proximate cause" defined.- As used in subsection (b) of this section, "proximate cause" means that the occupational disease was a substantial contributing cause of the death of the plaintiff's decedent.
[1987, ch. 624; 1988, ch. 6, § 1; ch. 772.]