Railroad Asbestos Claims

Railroad workers who contract asbestos-related illnesses, asbestos And Mesothelioma claims such as mesothelioma, may claim compensation from their employers. These lawsuits are filed under protections provided by the Federal Employers Liability Act, or FELA.

Defense lawyers will try and blame the plaintiff's illness on anything but the asbestos exposure they experienced at work. They can blame smoking cigarettes, genetics or the home and environment of the plaintiff.

Federal Employers Liability Act

The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers if they develop mesothelioma or any other asbestos-related disease as a result of negligence exposure. FELA was adopted in 1908 and allows injured railroad workers to sue their employers without the need to go through the workers compensation system. FELA also places a lower burden of proof on plaintiffs than traditional injury cases, making it easier for workers to prevail in their cases.

Asbestos is commonly used in railway and train equipment because of its low cost, durability and flexibility. It also has excellent fireproofing and thermal insulation properties. Asbestos can be found on steam locomotives and railroad ties along with boilers. It can also be found in engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive parts. Railroad workers also were exposed to asbestos during repair work in roundhouses and shops when locomotives were overhauled and repaired as well as when traveling between locations along the rail network via train or bus.

Railroad workers who contract asbestos-related diseases are typically awarded large amounts of compensation for their losses. This could include medical expenses, lost income and emotional pain. In some cases, a victim's family could be eligible to receive damages for wrongful death resulting from the loss of a loved one.

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

These symptoms can often manifest years after an asbestos exposure. It is important that injured railroad workers and their family members seek legal assistance as quickly as they can.

This LibGuide does not provide legal advice. It is designed to be a research tool for Villanova Law School faculty and students. To find out more information or to discuss a particular matter, please contact an experienced mesothelioma lawyer. Below are the contact details. If you are unable to reach an attorney or a trust fund, a trust fund for asbestos may be able to assist you in filing claims.

State Law Claims

The United States Constitution mandates that federal law preempts state law. The Supreme Court confirmed this principle in its most recent case, Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act (LIA) preempted a railroad worker's state law claims against manufacturers of asbestos-containing rail equipment for injuries like mesothelioma.

The victim, a machine operator/welder for a railroad for more than 30 years, was exposed to asbestos brakes and insulation throughout his career. After his retirement and diagnosis, his mesothelioma was discovered. He brought a lawsuit against asbestos manufacturers, claiming they did not warn him about the dangers and triggered the disease. The lawsuit also claimed that the railroad failed to provide appropriate safety equipment.

A skilled attorney can help victims determine if they are eligible for FELA as well as other compensation options. Asbestos And Mesothelioma Claims lawyers are knowledgeable of the complexities of FELA and will ensure that their clients receive fair amount of compensation for their losses.

The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered from mesothelioma could seek state law claims against asbestos producers, however these claims must be filed in a state with a high level of expertise in handling these cases. The lawsuits must also contain allegations of inadequate supervision or training. A defendant must be able to prove that plaintiff's mesothelioma is caused by exposures to asbestos while working.

Many railway workers were afflicted by asbestos exposure while they worked in locomotive shops, on trains or in other areas. In fact, a study of railroad workers conducted in the 1980s indicated that 21% of the workers had been exposed to asbestos while at work. Asbestos is a cause of a variety of ailments, including fibrotic lungs disease and mesothelioma. The mesothelioma lawyers of Simmons Hanly Conroy are experienced in helping railroad workers and families.

Railroad employees, unlike many workers, do not have access to the standard workers' compensation coverage that is found in all states. Instead, railroad workers who are suffering from occupational diseases such as mesothelioma are obliged to file a civil lawsuit under FELA.

The FELA is not applicable to all railroads

FELA is a federal law that outlines railroad employers' liability for workers who sustain injuries or develop certain diseases. Not all railroads are covered under the law. A railroad worker must be employed by a common carrier who is involved in interstate commerce to be able to sue under the FELA.

If a railroad worker is diagnosed with mesothelioma, or another asbestos-related disease following exposure to asbestos during work they may be able to sue their employer. It is important to keep in mind that a railroad worker must demonstrate that their employer's negligence was the cause.

Additionally, a claimant must also prove that the asbestos-related disease was sustained because of the exposure. A FELA claim cannot compensate a worker who has been diagnosed with mesothelioma because mesothelioma symptoms typically do not appear until decades after exposure.

A mesothelioma attorney can assist in proving the connection between an injury and asbestos-related diseases. Lawyers from a mesothelioma company can review a railroad worker's asbestos exposure history to determine if they are eligible to receive compensation.

Although asbestos is prohibited in the United States, older railway equipment may still contain the toxic material. Asbestos was used in nearly all steam locomotives' fireboxes, boilers as well as their cabooses and pipes until the mid-1980s. Additionally, railroads may have used asbestos in the railcar insulation as well as industrial brake shoes and gaskets for diesel engines.

Asbestos in the workplace can be a serious issue. Unfortunately, many railroads knew about the dangers of asbestos exposure but failed to protect their employees. As a result thousands of railroad workers have suffered from asbestos-related illnesses like mesothelioma.

It is crucial that employees seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are protected. A knowledgeable lawyer can help a client file an effective lawsuit against a railroad company who did not take the appropriate safety measures to prevent asbestos-related diseases.

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 many legal options to choose from. The claim may include medical expenses, funeral costs, and other expenses in addition to compensation for pain and discomfort. For those who worked in the railroad industry, it's important to seek out experienced representation by a mesothelioma attorney from a railroad firm to ensure that their rights and remedies are protected.

While pursuing a mesothelioma suit against a former railroad company might seem intimidating, it is feasible to succeed in this type of case. The person who has been injured or their family members must demonstrate that the railroad did not perform its duty to safeguard workers, by not ensuring or limiting asbestos exposure. The asbestos-related illness has to be directly related to the negligence. Injured railway workers should hire an experienced FELA lawyer to assist in determining the best option for them.

Those who were employed by railroads that operate across state lines are able to sue their employer and also the equipment manufacturer, under FELA. The act covers workers who are injured at work as well as those diagnosed with occupational illnesses such as mesothelioma and lung cancer.

Despite the fact that FELA has increased safety at work however, there are still many risks for workers. Railroad companies are not immune to serious misconduct to increase profits, despite the risks.

Asbestos is no longer used in the manufacture of railroad products, but older ones are still exposed to the substance. It's because it was used by almost all steam locomotive manufacturers in their fireboxes and pipes. Asbest insulation was also used to line cabooses and boxes.

Despite the fact that time limits for FELA cases are lengthy and often a long time, it is vital to file a lawsuit as soon as you can after the beginning of symptoms. Asbestos sufferers are entitled to the financial compensation they are due and owed by those responsible.