Justice Ginsburg delivered the opinion of the Court.
SUPREME COURT OF THE UNITED STATES
No. 01–963
NORFOLK & WESTERN RAILWAY COMPANY, PETITIONER v. FREEMAN AYERS ET AL.
ON WRIT OF CERTIORARI TO THE CIRCUIT COURT OF WEST VIRGINIA, KANAWHA COUNTY [March 10, 2003]
The Federal Employers’ Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §§51–60, makes common carrier railroads liable in damages to employees who suffer work-related injuries caused “in whole or in part” by the railroad’s negligence. This case, brought against Norfolk & Western Railway Company (Norfolk) by six former employees now suffering from asbestosis (asbestosis claimants), presents two issues involving the FELA’s application.
The first issue concerns the damages recoverable by a railroad worker who suffers from the disease asbestosis: When the cause of that disease, in whole or in part, was exposure to asbestos while on the job, may the worker’s recovery for his asbestosis-related “pain and suffering” include damages for fear of developing cancer?
The second issue concerns the extent of the railroad’s liability when third parties not before the court—for ex-ample, prior or subsequent employers or asbestos manufacturers or suppliers—may have contributed to the worker’s injury. Is the railroad answerable in full to the employee, so that pursuit of contribution or indemnity from other potentially liable enterprises is the railroad’s sole damages-award-sharing recourse?
Or is the railroad initially entitled to an apportionment among injury-causing tortfeasors, i.e., a division of damages limiting the railroad’s liability to the injured employee to a proportion-ate share?
In resolving the first issue, we follow the line drawn by Metro-North Commuter R. Co. v. Buckley, 521 U. S. 424 (1997), a decision that relied on and complemented Consolidated Rail Corporation v. Gottshall, 512 U. S. 532 (1994). In Metro-North, we held that emotional distress damages may not be recovered under the FELA by disease-free asbestos-exposed workers; in contrast, we observed, workers who “suffe[r] from a disease” (here, asbestosis) may “recover for related negligently caused emotional distress.” 521 U. S., at 432.
We decline to blur, blend, or reconfigure our FELA jurisprudence in the manner urged by the petitioner; instead, we adhere to the clear line our recent decisions delineate. Accordingly, we hold that mental anguish damages resulting from the fear of developing cancer may be recovered under the FELA by a railroad worker suffering from the actionable injury asbestosis caused by work-related exposure to asbestos.
As to the second issue, we similarly decline to write new law by requiring an initial apportionment of damages among potential tortfeasors. The FELA’s express terms, reinforced by consistent judicial applications of the Act, allow a worker to recover his entire damages from a rail-road whose negligence jointly caused an injury (here, the chronic disease asbestosis), thus placing on the railroad the burden of seeking contribution from other tortfeasors.
Courtesy of Supreme Court of the United States NORFOLK & WESTERN RAILWAY CO. v. AYERS ET AL

Court's opinion on the legal side of asbestos and physical injury