The West Virginia Supreme Court has overturned the ruling on a retired railroad worker’s former employer liability for a health condition.
The worker accepted a retirement plan from his employer, the Norfolk Southern Railway Company, in 1986. Nineteen years later he was later diagnosed with mesothelioma and passed away due to the cancer in 2005.
After his death, his wife sought to claim damages from the railroad company under the Federal Employer’s Liability Act which stated that the company knew of the potential for mesothelioma to develop because of a 1983 article titled “Mesothelioma Among Machinists in Railroad and other Industries.â€
The company said that when he signed his retirement agreement, the company was no longer accountable for future employment-related claims. An Ohio judge ruled in favor of the railroad company in 2007.
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After reviewing the claim, West Virginia justices ruled that the worker’s signing of the retirement agreement did not release the company from future claims under the Federal Employer’s Liability Act.
Manufacturers that used asbestos as part of their processes and kept a hazardouswork place often try to escape liability for their employee’s asbestos-related illnesses. If you or a loved one has been diagnosd with mesothelioma, please contact an experienced asbestos lawyer for professional insight.