Railroad Asbestos Claims

Railroad workers suffering from asbestos claims process-related diseases such as mesothelioma, may claim compensation from their employers. These lawsuits fall under the Federal Employers' Liability Act (FELA).

Defense lawyers will try to blame the plaintiff's illness on anything other than their asbestos exposure during their work. They can blame genetics, smoking cigarettes or the home and Railroad Asbestos Claims environment of the plaintiff.

Federal Employers Liability Act

The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers when they contract mesothelioma or any other asbestos-related disease due to negligent exposure. FELA was passed in 1908 and allows injured railroad workers to sue their employer without the need to go through the workers compensation system. FELA places a lower burden on plaintiffs in FELA cases than in traditional injury claims which makes it easier for them to win a case.

Asbestos was commonly used in train and railroad equipment due to its low cost, durability, flexibility and fireproofing properties. Asbestos can be found on steam locomotives and railroad ties and boilers. It is also found in brake gaskets, engine gaskets pad, locomotive parts and ceilings of passenger cars, cabooses and locomotive parts. Railroad workers were exposed asbestos when working in shops for railroads and roundhouses, when locomotives were overhauled or repaired, and also while traveling by train or bus between various locations on the rail network.

Rail workers who develop asbestos-related diseases receive substantial compensation. This can include medical expenses along with lost income and emotional suffering. In some cases, the victim's family could receive compensation for wrongful death in the event of the loss of a loved one.

Railway workers also are exposed to other harmful substances while at work, including diesel fuel, exhaust fumes from diesel engines creosote, welding fumes and creosote. They may have also been exposed to benzene-containing cleaners, Railroad Asbestos Claims 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 manifest themselves until years after the worker's initial exposure to asbestos. This is why it's important for railroad workers injured and their families to seek legal assistance immediately.

This LibGuide doesn't offer legal advice. It is designed to be a research tool for Villanova Law School faculty and students. Please contact an experienced attorney who is specialized in mesothelioma, to obtain more information or to discuss a specific issue. Contact information is provided below. If you are unable to reach an attorney, a trust fund for asbestos may be able to assist you in making an asbestos claim.

State Law Claims

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

The victim was a welding and machinist working for a railroad company for almost 30 years, and throughout his time he was exposed to asbestos-containing brakes as well as insulation materials. After retirement and diagnosis, the mesothelioma diagnosis was confirmed. He filed a lawsuit against the asbestos producers for failing to inform to warn him of the dangers. The lawsuit also claimed that the railroad failed to provide the proper safety equipment.

An experienced attorney can assist victims determine whether they qualify for FELA as well as other options for compensation. Asbestos lawyers are well-versed in the complexities of FELA and will ensure that their clients receive a fair compensation for their damages.

The Supreme Court's decision in Kurns opened the possibility for railroad workers who developed mesothelioma to file state law claims against the makers of asbestos. However, these claims must be filed in states with an expert level of expertise in handling cases such as this. In addition the lawsuits should contain allegations of inadequate supervision or training, and a defendant must prove that a plaintiff's mesothelioma was the result of exposure to asbestos on the job.

Many railway workers were affected by asbestos exposure when they worked in locomotive shops, on trains, and in other areas. In fact, a survey of railroad workers carried out in the 1980s indicated that 21% of the workers were likely to have been exposed to asbestos at work. Asbestos is a cause of a variety of ailments, including fibrotic lungs mesothelioma and lung cancer. 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 the standard workers' compensation coverage that is found in all states. Instead, railroad employees who suffer from occupational illnesses like mesothelioma must bring a civil lawsuit under FELA.

FELA Doesn't apply to All Railroad Companies

FELA is a federal statute which defines railroad employers' liability for employees who suffer injuries or are diagnosed with certain illnesses. There are a few railroads that are covered under the law. Railroad workers must be employed by a common carrier that engages in interstate commerce in order to sue under the FELA.

This means that if a railroad worker is exposed to asbestos in the workplace and develops mesothelioma or an asbestos-related illness, they may file a lawsuit against their employer. It is crucial to remember, however, that a railroad worker must prove that their employer was negligent.

In addition, the claimant must prove that the asbestos-related illness was sustained as a result of that exposure. A FELA claim will not automatically compensate a worker for a mesothelioma diagnosis because 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 trust fund payouts-related disease, a knowledgeable mesothelioma lawyer can help. Lawyers from a mesothelioma company will review a railroad worker's asbestos exposure history to determine whether they qualify to receive compensation.

Although asbestos was banned from use in the United States, some older railway equipment is still made of the toxic material. Asbestos was present in nearly all steam locomotives' fireboxes as well as boilers, as well as in their pipes and cabooses up until the mid-1980s. Additionally, railroads may have used asbestos in railcar insulation as well as industrial brake shoes and diesel engine gaskets.

Asbestos exposure in the workplace can be a serious concern. Sadly, many railroads were aware about the dangers of asbestos exposure but failed to ensure their employees were protected. Because of asbestos exposure, thousands of railroad workers have developed asbestos-related diseases such as mesothelioma.

It is essential that workers seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are secured. A skilled lawyer can assist a client bring a successful lawsuit against railroad companies that did not take the appropriate safety measures in order to prevent asbestos-related illnesses.

FELA Doesn't apply to All Railway Workers

Rail workers who are diagnosed with mesothelioma or asbestosis or other ailments that are linked to years of exposure toxic substances, have a variety of legal options available to them. In addition to the compensation that is available for pain and suffering, a claim can also include the cost of medical expenses funeral expenses, medical care and other expenses. It is crucial for those who worked on the railway to seek out experienced representation from a dedicated railroad mesothelioma lawyer to ensure that their rights and remedies are secured.

While pursuing a mesothelioma lawsuit against a former railroad company may sound daunting, it is possible to succeed in this type of lawsuit. The person who was injured or their family members must demonstrate that the railroad company did not fulfill its obligation to protect workers by not ensuring or limiting exposure to asbestos. This negligence must be directly linked to the asbestos-related disease. Injured railway workers should hire an experienced FELA lawyer to assist in determining the best method of action.

FELA allows those who worked for a railroad that crosses state lines to sue their employer and the equipment manufacturer. The law covers employees who suffer injuries on the job as well as those who suffer from occupational diseases such as mesothelioma and lung cancer.

While the passing of FELA has increased safety in the workplace but there are still a lot of dangers that exist for workers in this field. Despite the dangers railroad companies aren't above committing serious misconduct in order to maximize profits.

Asbestos is no longer utilized in the manufacturing of railroad products, however older ones are still exposed to the substance. This is because the majority of steam train manufacturers used it in their fireboxes and pipes as well as boilers. In addition, boxcars and cabooses were often lined with asbestos insulation.

Despite the fact that time limits for FELA cases are lengthy, it is essential to file a lawsuit as soon as possible after the first signs of symptoms. Asbestos victims should be able to get the financial compensation they require and are due by the responsible parties.