For diseases manifesting long after exposure, limitations generally run from when the claimant knew or reasonably should have known of the disease and its connection to the exposure. Some states apply disease-specific rules.
Statutes of repose may still bar claims.
Alternative Names:
Latent Disease Limitations, Discovery Rule (Toxic Tort)
Why it Matters?
The should-have-known component is the productive defense inquiry, since a claimant who received a diagnosis, was told of an occupational connection, or filed a workers' compensation claim for the same condition years earlier has constructive knowledge. Medical records and prior claim filings establish that date. Repose statutes also remain available in some jurisdictions and are not subject to the discovery rule.
Frequently Confused with
Related terms
Frequently asked questions
What triggers the limitations period?
What establishes constructive knowledge?
