Washington Makes It Easier to Sue for Mesothelioma & Other Work-Related Illnesses

Washington Supreme Court

In May 2025, the Washington Supreme Court issued a landmark decision that opened the door for workers with mesothelioma and other occupational illnesses to sue their employers, even years after being exposed to toxic substances on the job.

Previously, employers were largely shielded from civil lawsuits over workplace injuries unless it could be proven they knew for certain an injury would occur — a nearly impossible standard for illnesses like mesothelioma, which often appears decades after asbestos exposure.

This standard was reconsidered in Cockrum v. C.H. Murphy/Clark-Ullman, Inc., which involved a man with mesothelioma who sued his former employer for exposing him to asbestos.

The court ruled that it’s enough to show the employer should’ve known harm would likely occur, even if the injury wouldn’t show up until years later.

This important shift may give more workers and families in Washington the opportunity to hold employers accountable for dangerous working conditions and toxic exposures.

As a national mesothelioma law firm, Sokolove Law has over 45 years of experience fighting for families impacted by asbestos exposure. Find out if we may be able to help you seek justice.

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Understanding the Washington Supreme Court’s Ruling

The Washington Supreme Court’s recent decision addresses one of the biggest challenges facing workers harmed by occupational asbestos exposure — the long delay between exposure and diagnosis.

Mesothelioma is known as a “latent disease” because it can take 20-50 years for symptoms to appear. As a result, workers may not realize they’ve been harmed until decades after they’ve already left their job.

In the case of Cockrum v. C.H. Murphy/Clark-Ullman, Inc., Jeffrey Cockrum sued his former employer after being diagnosed with mesothelioma in 2022. Cockrum had worked as a laborer at Alcoa’s Wenatchee Works aluminum plant from 1967 to 1997.

Cockrum claimed Alcoa never warned him about the dangers of asbestos or required him or his coworkers to use respiratory protection, including in a lab where he tested samples for asbestos.

Lower courts said Cockrum couldn’t sue because, under the state’s Industrial Insurance Act, workers could only take legal action if the employer knew for sure an injury would happen.

However, the Washington Supreme Court disagreed. In a 7-2 decision, the justices ruled that for diseases that take years to show up, like mesothelioma, it’s enough to show the employer should have known the harm was virtually certain.

"This court does not lightly set aside precedent, but justice requires us to admit our mistakes when we make them and to overrule precedent that is demonstrably incorrect and harmful," explained Justice Raquel Montoya-Lewis, who was writing for the majority.

Now, the case will return to the lower courts, where Cockrum can move forward with his asbestos claim and pursue justice under the new legal standard.

Why the Ruling Matters for Workers & Mesothelioma Victims

This decision is a major victory for workers across Washington who’ve been diagnosed with mesothelioma and other serious illnesses linked to asbestos exposure job sites.

While the ruling currently only applies to cases in Washington, it could influence how other states interpret similar laws, providing a path to justice for more asbestos victims.

Here’s how the ruling could shape future cases in Washington:

  • Workers can now pursue mesothelioma compensation from former employers, not just product manufacturers or contractors.
  • Victims of long-latency diseases like mesothelioma are no longer blocked by outdated rules that ignored how these illnesses develop.
  • Accountability is back on the table for companies that exposed workers to asbestos without proper safety measures.

If you worked at asbestos exposure work sites and later developed mesothelioma, this ruling may give you a new chance to seek justice and compensation.

Money from a mesothelioma settlement could help cover your medical expenses, lost wages, and more, while holding the companies who put you in harm’s way accountable.

Get Help Suing for Asbestos Exposure

If you or a loved one has been diagnosed with mesothelioma, the Washington Supreme Court’s decision may give you new legal options, even if your exposure happened decades ago.

At Sokolove Law, our mesothelioma attorneys have helped thousands of families across all 50 states pursue justice for illnesses caused by asbestos exposure.

We’ve secured more than $5.2 Billion in compensation for clients with mesothelioma and their families. When you work with our firm, there are never any upfront costs or hourly fees to get help seeking compensation.

Call (800) 647-3434 right now or fill out our contact form to see if we may be able to fight for you.

Author:Sokolove Law Icon.
Sokolove Law Team

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The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

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  1. Washington State Supreme Court. “Cockrum v. C.H. Murphy/Clark-Ullman Inc. et al., No. 102881-4.” Retrieved from: https://www.courts.wa.gov/opinions/pdf/1028814.pdf.