Federal Court Rules Railroad Workers Can Sue Employers for Asbestos Injuries

NEW YORK, New York, December 1, 2011 - A federal judge ruled that an LPK mesothelioma client is able to go forward with his claims against his former employer, the Long Island Rail Road (“LIRR”), for injuries he sustained as a result of being exposed to cancer-causing asbestos materials during his career.

The LPK client was a career electrician for the LIRR in the 1960s through the 1990s who worked at LIRR rail yards. Part of his job involved working around locomotive equipment that contained asbestos.

The federal court ruling explained that a railroad worker at LIRR with an asbestos injury has the ability to seek compensation under a federal law that protects railroad workers’ rights. The law, the Federal Employers’ Liability Act (“FELA”), was enacted by Congress as a way for railroad workers to recover damages from their employer for workplace injuries. Asbestos exposure leading to an asbestos-related disease, such as mesothelioma, is one such injury that courts have interpreted is covered by the FELA.

The ruling prohibited the LIRR from attempting to dismiss the mesothelioma victim’s case under the theory that the FELA is trumped by a separate federal law. The court stated that the FELA remains as a way for railroad industry employees to recover for employer negligence at the workplace.

“Many other workers at the LIRR during this time period may also have been exposed to asbestos during the course of their jobs, making the court’s decision an important one for mesothelioma victims,” said LPK attorney Jim Kramer.

For more information about this or other mesothelioma lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.

ATTENTION: Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.

Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.

Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.

IMPORTANT: If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:

Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.

Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.

NOTE: While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States.

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