Does early retirement release an employer from future claims in asbestos-related mesothelioma cancer?
Dallas, Texas for mesothelioma cancer news – Asbestos fibers take effect after a significant time duration, that is, from the time the person (workers of asbestos industry) inhales the silver fibers until the time mesothelioma begins to surface.
People opting to retire early are the people who might have contracted mesothelioma cancer, but does the law bar them from seeking compensation in case they are found infected with mesothelioma?The West Virginia Court recently overturned its verdict of disallowing compensation to the wife of the deceased who died of mesothelioma cancer. She was seeking compensation under Federal Employee Liability Act. The deceased worked for Norfolk Southern Railways and had taken an early retirement. He worked for the Railways for nearly forty years before seeking early retirement.His illness surfaced after he was retired in 1986. The court earlier ruled that as the deceased had opted to take $35,000 early retirement package, the employer is not liable to pay for the illness.The employers knew about the risks of working in the asbestos environment and the dangers of such direct exposure to asbestos, thus the court after studying the length of working period overturned the judgment and ruled that early retirement of the deceased did not free the employee from future claims.
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