Railroad Asbestos Claims

Railroad workers who suffer from asbestos-related illnesses, like mesothelioma, may claim compensation from their employers. These lawsuits are filed under protections of the Federal Employers Liability Act, or FELA.

Defense lawyers may attempt to blame the illness of a plaintiff on anything other than occupational exposure to asbestos. They might blame it on genetics, cigarettes smoking, or their home or neighborhood.

Federal Employers Liability Act (FELA)

The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers when they contract mesothelioma or other asbestos claims payout-related diseases as a result of negligence exposure. FELA, approved in 1908, permits railroad workers injured to sue their employers without having to go through workers' compensation. FELA also puts an easier burden of proof on plaintiffs than traditional injury cases, making it easier for workers to prevail in their cases.

Asbestos is often used in train and railway equipment because of its low cost and its durability and flexibility. It also is a great fireproofing material and Railroad Asbestos Claims has excellent thermal insulating properties. Asbestos was used in railroad connections, steam locomotives and their boilers as well as brake pads, engine gaskets locomotive parts, as well as other railcar components such as ceilings of cabooses and passenger cars. Railroad workers also had exposure to asbestos during work at roundhouses and railroad shops when locomotives were overhauled and repaired as well as when travelling between different locations on the rail system by train or bus.

Rail workers who develop asbestos-related illnesses receive a substantial amount of compensation. This can include medical bills and lost income as well as emotional suffering. In some instances the family members of the victim could be eligible to receive wrongful death damages for the loss of a loved one.

Apart from asbestos, railroad workers are also exposed to toxins in the workplace like diesel fuel, diesel exhaust, Railroad Asbestos Claims creosote, welding fumes, silica sand as well as benzene-containing degreasers and solvents herbicides, and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as the result of these exposures.

In most cases the symptoms don't show up until a few some time after the worker's first exposure to asbestos. It is important that injured railroad workers and their families seek legal assistance as quickly as they can.

This LibGuide is not a source of legal advice. It is designed to be a research tool for Villanova Law School faculty and students. To obtain additional information or to discuss a particular problem you may contact a knowledgeable mesothelioma lawyer. Here are the contact information. If you're unable to contact an attorney, an asbestos trust fund can assist in filing mesothelioma lawsuits.

State Law Claims

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

The victim, a welder/machinist for a railroad for more than 30 years and was exposed to asbestos brakes and insulation throughout his career. After retiring after a while, he was discovered to have mesothelioma. He filed a lawsuit against asbestos manufacturers, alleging that they failed to warn him of the dangers. The lawsuit also claimed that the railroad was not able to provide adequate safety equipment.

While mesothelioma, asbestos-related illnesses can be extremely difficult to diagnose, a skilled lawyer can assist victims in understanding their rights under FELA and other compensation options. Asbestos lawyers are familiar with the complexities of FELA and can ensure that their clients receive a fair amount for their damages.

The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering from mesothelioma asbestos claim could seek state law claims against asbestos producers, however the claims must be filed in a state with a high level of expertise in handling these cases. Additionally the lawsuits must contain allegations of improper supervision or training, and a defendant must be able to demonstrate that the mesothelioma of a plaintiff was caused by on-the-job exposures.

Many railway workers were afflicted by asbestos claims exposure while they worked in locomotive shops, on trains and in other areas. In fact, a study of railroad workers carried out in the 1980s revealed that 21% of those workers had been exposed to asbestos at work. Asbestos can trigger a range of illnesses such as fibrotic lungs disease and mesothelioma. The mesothelioma lawyers of Simmons Hanly Conroy are experienced in assisting railroad workers and their families.

Railroad employees, unlike many workers, are not able to access to the common workers' compensation found in all states. Instead, railroad workers who are suffering from occupational diseases such as mesothelioma are required to file a civil suit under FELA.

FELA Does Not Apply to All Railroad Companies

FELA is an act of the federal government that defines the liability of railroad companies for employees who are injured or diagnosed with certain diseases. However there are a few railroads that are not covered by the law. To be able for railroad workers to sue under FELA the worker must be employed by a company that is a common carrier in interstate commerce.

If railroad workers develop mesothelioma, or another asbestos-related disease after being exposed to asbestos while working, they can sue their employer. It is important to note that a railroad worker must prove that their employer was negligent.

A claimant must also demonstrate that the asbestos-related illness contracted as a result of. A FELA claim does not automatically provide compensation to a worker with a mesothelioma diagnosis because mesothelioma symptoms typically do not show up until decades after the initial exposure.

An attorney for mesothelioma can help in proving the link between an injury and asbestos-related illnesses. Lawyers from a mesothelioma law firm can examine a railroad employee's asbestos exposure history and determine if they are eligible for compensation.

Although asbestos was banned in the United States, some older railway equipment is still made of the toxic substance. For example, almost all steam trains included asbestos in their fireboxes, boilers and cabooses up to the mid-1980s. Railroads may also have used asbestos claiming for asbestos related illness railcar insulation, industrial braking shoes, and gaskets for diesel engines.

Exposure to asbestos in the workplace is a serious issue. Unfortunately, many railroads knew about asbestos's dangers but failed to protect their employees. Due to asbestos exposure, a lot of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.

Whatever the Supreme Court's recent ruling, it is important for a worker to consult with an experienced asbestos lawyer to ensure that all legal rights are protected. A knowledgeable lawyer can assist a client to file an effective lawsuit against a railroad company that didn't take the proper precautions to avoid asbestos-related diseases.

FELA Doesn't apply to All Railway Workers

Rail workers who are diagnosed with asbestosis or mesothelioma or other ailments which are the result of years of exposure to toxic substances, have a variety of legal options at their disposal. In addition to the compensation available for pain and suffering an action may also cover the cost of medical expenses, funeral costs and other expenses. For those who worked in the railroad industry, it's essential to seek experienced representation from a railroad mesothelioma lawyer firm to ensure that their legal rights and remedies will be secured.

It is possible to win a mesothelioma claim against a former railroad company even though it might seem daunting. The person who was injured or their family must show that the railroad company did not perform its duty to protect workers by not ensuring or limiting exposure to asbestos. This negligence must be directly connected to the asbestos-related illness. Railway workers who have been injured should consult an experienced FELA lawyer to determine the best method of action.

Employees of an operator of a railroad operating across state lines can sue their employer and also the equipment manufacturer under FELA. The act covers those who are injured in the workplace as well as those diagnosed with occupational diseases such as mesothelioma and lung cancer.

Despite the fact that FELA has improved safety in the workplace, there remain many dangers for workers. Railroad companies aren't immune to serious misconduct in order to maximize profits, despite the dangers.

Asbestos is not used anymore in the manufacturing of railroad products, but older ones are still exposed to this substance. It is because it was used by almost all steam locomotive manufacturers in their fireboxes and pipes. In addition, boxcars and cabooses were often lined with asbestos insulation.

Despite the lengthy statute of limitations in FELA cases it is essential to file a suit immediately when symptoms start to show. Asbestos sufferers deserve the financial compensation they require and are due by the responsible parties.