Railroad Asbestos Claims

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

Defense lawyers will try to blame a plaintiff's disease on anything other than their exposure to asbestos on the job. They may point to genetics, cigarette smoking or their home and neighborhood.

Federal Employers Liability Act (FELA)

The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they contract mesothelioma or any other asbestos-related disease due to negligent exposure. FELA, passed in 1908, allows railroad workers injured to sue their employers without going through workers' compensation. FELA puts the burden of proof on plaintiffs in FELA cases than in traditional injury claims and makes it easier to win a case.

Asbestos is commonly employed in railroad and train equipment due to its cheap cost, durability, flexibility as well as its fireproofing and thermal insulation properties. Asbestos can be found in railroad ties and steam locomotives with their boilers. It can also be found in the engine gaskets, brake pad, locomotive parts, and ceilings of cabooses, passenger cars, and locomotive parts. Railroad workers also were exposed to asbestos during work at roundhouses and railroad shops when locomotives were overhauled and repaired and also when traveling between locations on the rail system by bus or train.

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

Railway workers also are exposed to other harmful substances while in their work environment, such as diesel fuel, diesel exhaust fumes, creosote and welding fumes. They may also have been exposed to benzene-containing cleaners, solvents, herbicides, and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as the result of these exposures.

The symptoms can be noticed years after an asbestos exposure. This is why it's crucial for railroad workers who have been injured and their families to seek legal aid as soon as they can.

This LibGuide doesn't offer legal advice. It is intended to serve as a research tool for Villanova Law School faculty and students. Contact an experienced attorney who specializes in mesothelioma law to obtain more information or discuss a specific issue. Contact information is given below. If you are unable reach an attorney or an asbestos trust fund, an asbestos trust fund can assist with filing mesothelioma lawsuits.

State Law Claims

The United States Constitution mandates that federal law overrides state law. The Supreme Court confirmed this principle in its recent case, Kurns v. Railroad Friction Products Corp. The Court declared that the Locomotive Inspection Act preempted state law claims made by railroad workers against manufacturers of asbestos exposure claim-containing equipment for mesothelioma-related injuries.

The victim, a machine operator/welder for a railroad for nearly 30 years, was exposed to asbestos brakes and insulation throughout his career. After his retirement, his mesothelioma was discovered. He filed a lawsuit against the asbestos producers, alleging that they failed him to warn of the risks. The lawsuit also alleged that the railroad was not able to provide adequate safety equipment.

A knowledgeable attorney can help victims determine if they are eligible for FELA as well as other options for compensation. Asbestos lawyers are well-versed in the complexities of FELA and can make sure that their clients receive fair compensation for their injuries.

The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering from mesothelioma could pursue state law claims against asbestos manufacturers, but the claims must be filed in a state with an expert level in handling such cases. In addition the lawsuits should contain allegations of inadequate supervision or training, and a defendant must be able to demonstrate that the mesothelioma of a plaintiff was caused by exposure to asbestos at work.

Many railway workers were afflicted by asbestos exposure when they worked in locomotive shops, on trains or in other areas. In fact, a survey of railroad workers conducted in the 1980s revealed that 21% of these workers were likely to have been exposed to asbestos at work. Asbestos can trigger a range of ailments that include fibrotic lung mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in helping railroad workers and families.

Unlike most workers, railroad workers do not have access to the standard workers' compensation system, which is found in all states. Instead, railroad employees who suffer from occupational diseases like mesothelioma need to make a civil claim under FELA.

FELA Doesn't 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 illnesses. Some railroads are not covered under the law. To be a railroad worker to sue under FELA the worker must be employed by a company that is a common carrier in interstate commerce.

This means that if a railway worker is exposed to asbestos in the workplace and develops mesothelioma or another asbestos insurance claim-related disease, they can bring a lawsuit against their employer. It is important to keep in mind that a railroad worker has to prove their employer was negligent.

Additionally, a claimant must also show that the asbestos va claim-related disease sustained because of the exposure. A FELA claim is not a way to automatically pay a worker compensation for mesothelioma-related diagnosis since mesothelioma asbestos claims symptoms usually do not show up until a few decades after the initial exposure.

A mesothelioma lawyer can aid in proving the connection between an injury and asbestos-related diseases. Lawyers at mesothelioma law firms can review the history of exposure to asbestos of railroad workers and determine if they are entitled to compensation.

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

Asbestos in the workplace can be a serious issue. Sadly, Railroad Asbestos Claims many railroad companies knew about the risks of asbestos exposure but did not protect their workers. As a result thousands of railroad workers have been affected by asbestos-related diseases like mesothelioma.

In spite of the Supreme Court's recent decision, it is essential for a worker to consult with an experienced asbestos lawyer to ensure that their legal rights are protected. A knowledgeable lawyer can help a client bring an effective lawsuit against railroad companies who failed to take the proper security measures to prevent asbestos-related illnesses.

FELA Does Not Apply to All Railway Workers

Railroad workers who are diagnosed with mesothelioma, asbestosis or other diseases resulting from years of exposure to toxic substances have numerous legal options to choose from. In addition to the compensation that is available for pain and suffering, an action may also cover the cost of medical treatment, funeral costs and other expenses. It is essential for those who worked on the railway to seek experienced representation from a specialist railroad mesothelioma attorney to ensure their rights and remedies are protected.

While pursuing a mesothelioma suit against a former railroad employer might sound intimidating, Railroad Asbestos Claims it is feasible to succeed in this type of claim. However, the injured worker or his or her family members must prove that the railroad company erred in its duties to protect workers, not monitoring and/or limiting exposure to asbestos. The asbestos-related illness has to be directly related to this negligence. Railway workers who are injured should consult an experienced FELA attorney to determine the most appropriate course of action.

FELA allows those who worked for a railroad company that crosses state lines to sue their employer as well as the equipment manufacturer. The law applies to both workers who are injured at work and those who are diagnosed with occupational diseases such as mesothelioma and lung cancer.

Despite the fact that FELA has improved safety in the workplace but there are still a lot of risks for workers. Railroad companies aren't immune to serious misconduct to increase profits, despite the risks.

Asbestos is no longer used in the production of railroad products, however older ones are still exposed to the substance. This is because almost all steam train manufacturers used asbestos in their fireboxes, pipes, and boilers. Boxcars and cabooses were typically lined with asbestos insulation.

Despite the fact that the statutes of limitations for FELA cases are lengthy, it is essential to begin a lawsuit as quickly as possible following the first signs of symptoms. Asbestos victims should be able to get the financial compensation they need and are owed by the responsible parties.