A sailor has recently filed an asbestos lung cancer lawsuit against the city of New York under the Jones Act.

Plaintiff Brian W. alleges that the he was employed to work on several sludge vessels in New York City.

During his work on these vessels, he was allegedly exposed to asbestos that ultimately led to him developing lung nodules and lung cancer.

Brian alleges that the sludge vessels all contained asbestos in various areas and that he was exposed to dangerous asbestos dust and fibers while he worked on the sludge vessels.

The lawsuit alleges that due to the asbestos-containing materials, asbestos dust, asbestos fibers and the alleged failure of New York City to address the related asbestos issues rendered the sludge vessels unseaworthy.

“As a result of the negligence of NYC and unseaworthiness of the sludge vessels, Plaintiff sustained injury to his lungs and respiratory system, causing lung nodules and cancer which required a left upper lobe wedge resection, lobectomy and lymph node dissection,” the asbestos lawsuit states.

Brian determined that his lung cancer was caused by asbestos exposure at his place of employment when his nodules were biopsied and were determined to be cancerous in February 2015.

“By reason of the foregoing, Plaintiff incurred medical expenses and will incur future medical expenses, has been disabled from employment, sustain loss of earnings and will be permanently disabled from performing the duties of a seaman resulting in future loss of earnings and earning capacity; has sustained and will continue to sustain pain and suffering, loss of quality and enjoyment of life, and has otherwise sustained damages in an amount to be proven at trial,” the asbestos lung cancer lawsuit states.

Brian has brought forth causes of action against New York City including claims for Unseaworthiness, Maintenance and Care, and violations of the Jones Act. He is seeking damages in an amount to be determined at trial.

What is the Jones Act?

The Jones Act, also known as the Merchant Marine Act of 1920, allows sailors to seek legal compensation from their employers if it is determined that the employer’s negligence led to the personal injury of the sailor.

Lawsuits filed under the Jones Act are different than a standard negligence claim because seaman must only prove that the employer engaged in “slight negligence.”

Sailors may seek damages associated with personal injury including lost income (both past and future), past and future medical expenses, and for past and future pain and suffering related to the injury.

Filing and Asbestos Lung Cancer Lawsuit

If you developed lung cancer following asbestos exposure at your place of employment, you may be eligible to file an asbestos lung cancer lawsuit. Any individual may be able to file such a lawsuit against his or her employer, and sailors have the additional option of filing a lawsuit under the Jones Act.

An attorney can take a more detailed look at your case at no charge and can explain your legal options to you in a free consultation if you qualify.

The Asbestos Lung Cancer Lawsuit is Case No. 1:16-cv-06049 in the U.S. District Court for the Eastern District of New York.