Can I Get Compensation for Chemical Exposure if I Don't Learn About Its Effects Until Years Later?

 Posted on January 22, 2026 in Catastrophic Injuries

The US Department of Labor says that there are more than 190,000 illnesses and 50,000 deaths annually from chemical exposure. Many people who worked with asbestos or benzene, for example, did not know they were in danger at the time. It often takes years, even decades, before serious illnesses like cancer happen. The law in Illinois gives people a chance to seek justice even when time has passed.

If you were exposed to dangerous chemicals at work or in your home years ago and are only now learning about the health effects in 2026, you may still be able to get compensation. Our Barrington, IL personal injury attorney can help you understand your rights even when symptoms appear long after exposure happened.

What Is the "Discovery Rule" in Illinois, and What Does It Have to Do with Chemical Exposure?

Illinois law has something called the "discovery rule." This rule says that the time limit for filing a lawsuit does not start until you know you were injured and that someone else caused your injury.

Under 735 ILCS 5/13-202, the statute of limitations – the time in which you can start a case – for personal injury cases in Illinois is usually two years. However, the discovery rule can extend this deadline when you could not reasonably have known about your injury right away. For chemical exposure cases, this means the clock may not start ticking until you get a diagnosis that connects your health problems to the exposure.

How Does the Discovery Rule Apply to Chemical Exposure Cases?

Chemical exposure cases are different from injuries where you know right away if you are hurt, like car accidents. With toxic chemicals, the damage happens slowly inside your body. You might breathe in harmful fumes or touch dangerous substances without feeling sick for a long time.

Courts in Illinois understand that victims cannot file lawsuits about injuries they do not know they have. The discovery rule protects people in these situations by giving them time to act once they learn about the damage.

When Does the Discovery Clock Start?

The discovery rule clock typically starts when you have enough information to know that:

• You have a health condition or injury.

• The condition was likely caused by chemical exposure.

• Someone else may be responsible for that exposure.

You do not need to know every detail or have proof that will win in court to start a case. You just need to have a reasonable suspicion that your illness might be connected to a past exposure.

What Kinds of Chemical Exposure Cases Qualify for the Discovery Rule in Illinois?

Many different situations can lead to delayed injury claims under the discovery rule. Common examples include:

• Workplace exposure to asbestos leading to mesothelioma that is diagnosed decades later.

• Contaminated drinking water causing cancer or other illnesses.

• Toxic chemicals in manufacturing plants affecting workers and people in the surrounding community.

• Pesticide exposure in agricultural work.

• Lead paint or lead pipe exposure in buildings.

• Industrial pollution that drifts from factories farther away.

If you were exposed to any dangerous chemical and later developed a serious health condition, you may have a valid claim even if years have passed.

What Evidence Do I Need to Prove My Chemical Exposure Case?

To succeed in a chemical exposure case, you will need to show that:

• You were exposed to a harmful chemical.

• The exposure caused your illness or injury.

• Someone else was responsible for the exposure.

• You filed your claim within the legal time limits starting from when you discovered the injury

Medical records are very important in these cases. Your doctor may need to explain how your illness is connected to the chemical exposure. You may also need experts who can testify about the dangers of the chemicals involved and how they cause the type of health problems you are experiencing.

Work records, witness statements, and environmental reports can also help prove that you were exposed and that the responsible party knew or should have known about the danger.

Call a Barrington, IL Catastrophic Injury Attorney Today

Chemical exposure cases can be complicated, especially when symptoms appear years after the exposure. Our Barrington personal injury lawyer can help. Joseph Lucas has practiced law in Illinois for over 35 years and is a skilled trial lawyer and effective negotiator. He will help you understand whether you have a case in 2026 and what compensation you might be entitled to.

If you or a loved one develop health problems from old chemical exposure, contact Lucas Law at 847-381-8700 today to schedule your free initial consultation.