Many railroad workers, upon a diagnosis of cancer or mesothelioma, wonder if they can bring a suit against the railroad for exposing them to substantial amounts of asbestos, especially if they have smoked cigarettes before. In many cases, the answer is yes.
Mesothelioma is only caused by asbestos exposure. There is no evidence that smoking causes mesothelioma, and a smoking history will not prevent you from filing suit. An employee may also file suit if work-place asbestos exposure contributed to his or her lung cancer.
If the employer is a railroad, it is legally responsible if its negligence played any part in contributing to a worker’s mesothelioma or cancer. This means, if a railroad negligently exposed an employee to asbestos and the asbestos exposure contributed in any way to that employee developing cancer, the railroad is legally responsible for its share.
In a few states, such as Ohio, smokers and former smokers must present a very specific type of evidence before they can proceed with an asbestos-related law suit against the railroad. This filing requires an attorney who has experience in this area of law. The lawyers at Doran and Murphy have substantial experience in helping workers in these states file and maintain successful lawsuits.
If you have been exposed to asbestos, and are a smoker, or former smoker, contact the experienced lawyers at Doran and Murphy for more information.