The US Supreme Court has ruled that asbestosis sufferers can claim damages for fear of developing cancer.
The ruling, which centres on a Federal employers' liability law, applies only to those already suffering from asbestos-related diseases.
The ruling falls against a backdrop of rising claims in the US related to asbestos.
Judge Ruth Bader Ginsburg said: "We hold that a railroad worker suffering from asbestosis can recover for the heightened anxiety he experiences because of the vulnerability to a more dread disease."
The ruling was given a lukewarm reception from the US-based Coalition for Asbestos Justice. General counsel for the coalition, Victor Schwartz said: "The fact that the court confined its ruling to people who are very sick is important."
However he added that he was disappointed with the court's decision to back the assumption that if a defendant's conduct has been a substantial cause of harm, it could not be responsible for 100% of the damages suffered.
Schwartz said: "The Coalition for Asbestos Justice, which filed an amicus brief in the case, believed that the court should limit liability in a reasonable manner in order to address the asbestos litigation crisis."
