Railroad Asbestos Claims

Railroad workers suffering from asbestos-related diseases like mesothelioma, can be able to seek compensation from their employers. These lawsuits fall under the Federal Employers' Liability Act (FELA).

Defense lawyers may attempt to blame a plaintiff's disease on anything other than occupational exposure to asbestos. They could blame genetics, smoking cigarettes or the environment and home of the plaintiff.

Federal Employers Liability Act

The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they contract mesothelioma or other asbestos-related diseases as a result of negligent exposure. FELA was adopted in 1908, permits railroad workers injured to sue their employers without having to go through workers compensation. FELA puts the burden of proof on plaintiffs in FELA cases than traditional injury claims and makes it easier to win the case.

Asbestos is widely employed in railway and train equipment because of its low cost and its durability and flexibility. It also has excellent fireproofing and thermal insulating properties. Asbestos can be found on steam locomotives and railroad ties along with boilers. It can also be found in brake gaskets, engine gaskets pad, locomotive parts and ceilings of cabooses, passenger cars and locomotive parts. Railroad workers also were exposed to asbestos during repairs at roundhouses and railroad shops when locomotives were being overhauled and repaired and also when travelling between different locations on the rail system by train or bus.

Rail workers who suffer from asbestos-related illnesses are compensated for a large amount. This can include medical costs along with lost income and emotional suffering. In certain cases families of victims could receive compensation for wrongful death for the loss of their loved one.

Railway workers also are exposed to other toxic substances at work, including diesel fuel, diesel exhaust fumes creosote, welding fumes and creosote. They could also have been exposed benzene-containing degreasers and herbicides, solvents, and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as a result of these exposures.

In most cases the symptoms don't appear until several years after the initial exposure to asbestos. It is crucial that railroad workers injured and their family members seek legal assistance as soon as they can.

The information in this LibGuide is designed only as a research tool to Villanova Law School students and faculty. It does not constitute legal advice. To find out more information or to discuss a particular problem you may contact a knowledgeable mesothelioma attorney. Here are the contact details. If you cannot contact an attorney, a trust fund for asbestos may be able to assist you in making claims.

State Law Claims

The United States Constitution requires that federal law prevails over state law, and the Supreme Court upheld this principle in the case of Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against asbestos-containing manufacturers of rail equipment in the event of injuries, such as mesothelioma.

The victim, a welder/machinist working for a railroad for over 30 years and was exposed to asbestos brakes and insulation throughout his career. After retirement and diagnosis, he was diagnosed with mesothelioma. He filed a lawsuit against the asbestos manufacturers, claiming that they did not warn him about the risks and caused his illness. The lawsuit also alleged that the railroad was not able to provide adequate safety equipment.

While mesothelioma, asbestos-related illnesses are extremely difficult to diagnose An experienced lawyer can assist patients in understanding their eligibility for FELA and other compensation options. Asbestos attorneys are knowledgeable of the complexities of FELA and can make sure that their clients receive fair compensation for their damages.

The Supreme Court's decision in Kurns opened the door for railroad workers who have developed mesothelioma to pursue state law claims against the makers of asbestos. However, the claims must be filed in states that have a high level expertise in handling cases like this. In addition the lawsuits should contain allegations of negligent supervision or training and the defendant must be able to prove that a plaintiff's mesothelioma was the result of exposure to asbestos on the job.

Many railway workers were exposed to asbestos while they worked on trains as well as in locomotive shops and in other areas of the railroad system. In fact, a survey of railroad workers carried out in the 1980s revealed that 21% of those workers had likely been exposed to asbestos at work. Asbestos is a dangerous mineral that can trigger a variety of illnesses, from fibrotic lung disease to mesothelioma, and mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers and their families.

As opposed to most workers, railroad employees are not covered by the standard workers' compensation system, which is found in all states. Instead, railroad workers who suffer from occupational diseases like mesothelioma need to file a civil suit under FELA.

FELA Doesn't apply to All Railroad Companies

FELA is a federal law that defines railroad employers' liability to employees who suffer injuries or develop certain diseases. There are a few railroads that are covered by the law. Railroad workers must be employed by a common carrier who is involved in interstate commerce to be able to sue under the FELA.

If railroad workers develop mesothelioma, or another asbestos-related disease following exposure to asbestos during work they may be able to sue their employer. However, it is important to note that a plaintiff must demonstrate that their employer was negligent in their exposure to asbestos at work.

A claimant must also demonstrate that the average asbestos claim payout-related illness was contracted as a result. A FELA claim will not automatically compensate a worker for mesothelioma-related diagnosis since mesothelioma symptoms typically do not manifest until a few decades after the initial exposure.

If you need to prove the connection between an injury and asbestos-related disease, a knowledgeable mesothelioma lawyer can assist. Lawyers from a mesothelioma law firm can review a railroad worker's asbestos exposure history and determine if they are eligible to receive compensation.

Although asbestos has been banned in the United States, some older railway equipment still contains the harmful substance. Asbestos was present in nearly all steam locomotives' fireboxes as well as boilers, as well as in their cabooses and pipes to the mid-1980s. Railroads could also have used asbestos for railcar insulation as well as industrial braking shoes and gaskets for diesel engines.

Asbestos exposure in the workplace is a very serious matter. Sadly, many railroads were aware of the dangers of asbestos exposure but did not protect their workers. As a result of asbestos exposure, thousands railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.

In spite of the Supreme Court's recent decision, it is important for workers to speak with an experienced asbestos lawyer to ensure that their legal rights are protected. A skilled lawyer can assist clients file a successful lawsuit against railroad companies that didn't take the proper safety measures in order to prevent asbestos-related diseases.

FELA Doesn't apply to All Railway Workers

Rail workers who have been diagnosed with mesothelioma, asbestosis or other ailments which are the result of years of exposure toxic substances, have numerous legal options available to them. A claim can include medical expenses, funeral expenses, and other expenses in addition to compensation for discomfort and pain. It is important average payout for asbestos claims those who worked on the railway to seek expert representation from a specialist railroad mesothelioma attorney in order to better ensure their legal rights and remedies are secured.

It is possible to prevail in a mesothelioma lawsuit against a former railroad company, even if it may seem overwhelming. However, the person who was injured or his or her family must prove that the railroad company was negligent in its duties to protect workers, not monitoring and/or limiting exposure to asbestos. The asbestos-related illness has to be directly connected to the negligence. Injury railway workers should consult with an experienced FELA attorney to determine the best course.

FELA allows employees who worked for a railroad that crossed state lines to sue both their employer as well as the equipment manufacturer. The law protects those who are injured at work and Railroad Asbestos Claims those who are diagnosed with occupational illnesses such as mesothelioma or lung cancer.

Despite the fact that FELA has improved workplace safety, there remain many dangers for railroad asbestos claims workers. Despite the dangers railroad companies aren't free from serious misdeeds in the pursuit of maximizing profits.

Asbestos no longer is used in the production of railroad products but older ones still are exposed to this chemical. It is because it was used by nearly all steam locomotive manufacturers in their pipes and fireboxes. Asbest insulation was also used to line cabooses and boxes.

Despite the long period of limitations in FELA cases it is crucial to file a suit when symptoms begin to manifest. asbestos cancer claims victims have the right to the financial compensation that they deserve and are owed by those responsible.