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Illinois Supreme Court Ruling Reshapes Employer Protections Under ODA

In a major setback for Illinois employers, the Illinois Supreme Court upheld controversial changes to the Illinois Workers’ Occupational Disease Act (ODA), specifically Section 1.1. This legislative amendment allows employees to file civil claims decades after employment ends—despite prior protections for employers. At Gardi, Haught, Fischer & Bhosale LTD, we’re closely monitoring the ramifications of this ruling and advising businesses across Illinois on how to mitigate emerging legal risks.

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Background: Changes to the Illinois Workers’ Occupational Disease Act

Historically, the Illinois Workers’ Occupational Disease Act (ODA) shielded employers from civil lawsuits related to occupational diseases that appeared long after employment ended. These protections, including statutes of repose and exclusivity clauses, provided critical legal certainty for businesses across Illinois.

That changed in 2019 with the enactment of 820 ILCS 310/1.1 (“Exception 1.1”), a legislative amendment that undermined these protections by opening the door for civil lawsuits, even decades after exposure. In Martin v. Goodrich Corporation, the U.S. Court of Appeals for the Seventh Circuit asked the Illinois Supreme Court to rule on three key issues surrounding this amendment. The Court’s decision in early 2025 delivered a sharp blow to employer protections under Illinois law.

The Court’s Certified Questions and Key Findings

The Illinois Supreme Court addressed three pivotal questions:

• Is Section 1(f) of the ODA a statute of repose?
  Yes. The Court affirmed that Section 1(f) serves as a statute of repose, meaning it imposes a firm deadline beyond which claims cannot be filed—unless Exception 1.1 applies.
• Does applying Exception 1.1 violate due process?
  No. The Court ruled that because the employee’s claim accrued after the enactment of Exception 1.1, the employer’s defenses had not yet vested. Therefore, applying the amendment was not a violation of constitutional due process.
• What is the temporal reach of Exception 1.1?
  The Court held that the amendment applies prospectively. However, its interpretation of “prospective” allows for claims stemming from workplace exposures that occurred decades ago—as long as the diagnosis happened post-2019.

Gardi, Haught, Fischer & Bhosale LTD’s Perspective on the Ruling

Our legal team at Gardi, Haught, Fischer & Bhosale LTD is deeply concerned about how this ruling reshapes the legal landscape for Illinois employers. The Court’s decision diminishes long-standing employer protections under the ODA and invites a potential surge in toxic tort and occupational disease lawsuits.

While many legal experts and business advocacy groups filed amicus briefs highlighting these risks, the Court deferred public policy concerns to the legislature. This hands-off approach has effectively made Exception 1.1 the new legal standard in Illinois.

Legal Analysis: Constitutional and Practical Implications

The Court based its reasoning in part on its 2015 decision in Folta v. Ferro Engineering, which confirmed Section 6(c) of the ODA as a statute of repose. In Martin, the Court extended this reasoning to Section 1(f) and framed Exception 1.1 as a “correction” to Folta’s harsh effects. The Court determined that because the plaintiff’s claim accrued post-enactment, the employer had no vested right in previous ODA protections.

Defendants argued that retroactively reviving barred claims infringed on due process rights and undermined established legal defenses. However, the Court rejected these claims and placed the burden on legislators—not judges—to fix the problem.

The Business Impact: What Illinois Employers Need to Know

At Gardi, Haught, Fischer & Bhosale LTD, we understand how this ruling complicates compliance, risk management, and insurance planning for businesses in Illinois. Employers can no longer rely on the ODA’s exclusivity provisions to shield them from civil liability when occupational diseases manifest after the 2019 law change.

Key implications for Illinois businesses include:

• Increased Litigation Exposure:
  Employers may face civil lawsuits for decades-old exposure incidents, dramatically raising long-term liability.
• Legal Uncertainty:
  Without legislative reform, businesses must navigate a volatile and unclear legal environment with elevated risk.
• Need for Policy Reforms and Risk Management:
  Employers should review their insurance coverage, record-keeping practices, and internal safety protocols to minimize future exposure.

Navigating the Path Forward with Gardi, Haught, Fischer & Bhosale LTD

As a trusted legal advisor for businesses across Illinois, Gardi, Haught, Fischer & Bhosale LTD stands ready to help employers understand and adapt to the evolving legal landscape. Our employment law and civil litigation teams provide proactive counsel to help businesses prepare for the challenges created by Exception 1.1.

From policy review and litigation strategy to legislative advocacy, we are your partner in protecting your business.

If you have questions about how this ruling may affect your business, contact our team at Gardi, Haught, Fischer & Bhosale LTD or call us directly at (847) 944-9400 to schedule a consultation.

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