Diner Worker Sues LIRR for Asbestos Exposure, Mesothelioma
By Jessica Tyner
Asbestos is a natural mineral used rampantly until the late 1970s in building construction — but it comes with a deadly side effect. Mesothelioma is an extremely aggressive and deadly form of cancer that attacks organ linings. It’s almost always caused by asbestos exposure, and it’s often linked to construction workers and contractors who risked exposure every work day. However, those aren’t the only victims. The Long Island Railroad (LIRR) already lost an asbestos lawsuit back in 1999, but it looks like the battle isn’t over yet.
Years ago, three machinists sued LIRR for asbestos exposure and won a $16 million asbestos lawsuit settlement. They described the work conditions as “hellish” and that the managers didn’t care that workers were exposed daily to toxic chemicals. These men were machinists, regularly exposed to the underbelly of the LIRR — but now, a man who worked in a completely different part of the system has stepped forward with mesothelioma.
Second-Hand Asbestos Exposure
The latest claimant worked in a diner at the LIRR. Machinists, construction workers, and other employees who regularly work in areas where asbestos is most commonly used are, of course, the most common victims. However, asbestos exposure can happen to anyone if they’re near an infected site. Breathing in the air fibers or ingesting food with asbestos can lead to mesothelioma. That’s why the Environmental Protection Agency (EPA) has such strict rules when it comes to demolishing or renovating asbestos buildings: Making the fibers airborne means asbestos can be ingested by anyone.
Does the latest mesothelioma victim have a strong case? Given the history of the LIRR exposing workers to asbestos, it seems likely. Since it’s already been established by the 1999 asbestos lawsuit that asbestos is present in LIRR buildings and caused mesothelioma in other victims, the latest plaintiff starts on a strong note. Now the issue is proving that his asbestos exposure is the result of working at the LIRR.
Mesothelioma Facts
According to the National Cancer Institute, there’s no mathematical formula to determine if a person will develop mesothelioma from asbestos. It depends on how much asbestos is present, the size of the flakes, the duration of the exposure and how resilient a person’s body is. However, the scary fact the NCI reveals is that everyone is exposed to asbestos at some point in their life. It’s in the air, in water, in the soil and still used in the construction of new buildings.
Minute exposure to asbestos isn’t usually harmful, but it can be. Usually, people who develop mesothelioma are exposed to asbestos day in and day out — unfortunately, most people aren’t aware that a building they work or live in has extremely high levels of asbestos. Oftentimes, the minerals are nearly invisible.
Have You Been Diagnosed with Mesothelioma?
If you have mesothelioma and the cause is asbestos from a company, you may have an asbestos legal claim. This is a dangerous and life-threatening disease, and you might deserve compensation for the mounting medical bills, pain and suffering. An asbestos class action lawsuit may help you receive a fast, fair trial.
Learn more at the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation. Submit your information, and an asbestos attorney will contact you if you have an asbestos claim review that qualifies. There are no out of pocket fees.
Updated May 23rd, 2013
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
Top Class Actions Legal Statement
