Trial Notebook : Asbestos

Statute of Limitations

O.C.G.A. § 34-9-281(b)(2) states that the statute of limitations filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment; however provided, however, that an employee with asbestosis or mesothelioma related to exposure to asbestos shall have one year from the date of first disablement after diagnostic of such disease to file a claim for disablement. All cited in Putzel Electrical Contractors, Inc., et al. v. Jones, 282 Ga. App. 538, 639 S.E.2d 540 (2006).

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