Railroad Asbestos Claims

Railroad workers who suffer from asbestos-related diseases such as mesothelioma, may be able to seek compensation from their employers. These lawsuits are filed under protections provided by the Federal Employers Liability Act, or FELA.

Defense lawyers may try to blame the illness of a plaintiff on anything other than occupational exposure to asbestos. 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 sue their employers when they develop mesothelioma or any other asbestos-related disease as a result of negligent exposure. FELA, approved in 1908, permits railroad workers injured to pursue their employers without going through workers' compensation. FELA also puts an easier burden of proof on plaintiffs than traditional injury cases, which makes it easier for injured workers to succeed in proving their case.

Asbestos is commonly used 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 was present in railroad tie-ups, steam locomotives, their engines, boilers, engine gaskets, brake pads locomotive parts, as well as other railcar parts like ceilings of cabooses and passenger cars. Railroad workers also had exposure to asbestos during repair work at roundhouses and railroad shops when locomotives were overhauled or repaired and also when travelling between different locations on the rail system by train or bus.

Rail workers who contract asbestos-related diseases receive substantial compensation. This can include medical bills as well as lost income and emotional pain. In some instances the family members of the victim may be eligible to receive compensation for the loss of a loved one.

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

These symptoms may appear years after asbestos exposure. It is essential that railroad workers who have been injured and their families seek legal assistance as soon as they can.

The information contained in this LibGuide was created only as a research tool to Villanova Law School students and faculty members, and is not legal advice. To obtain additional information or to discuss a particular matter you may contact a knowledgeable mesothelioma lawyer. Here are the contact information. If you are unable to reach an attorney or an asbestos trust fund, an asbestos trust fund can help you file a mesothelioma claim.

State Law Claims

The United States Constitution requires that federal law trumps state law, and the Supreme Court upheld this principle in the recent case of 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-containing equipment for injuries like mesothelioma.

The victim was a welding and machinist working in a railroad company for almost 30 years, and throughout his working life, he was exposed to asbestos claims payouts-containing brakes as well as insulation materials. After his retirement after which 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 claimed the railroad was not able to provide adequate safety equipment.

An experienced attorney can assist victims determine if they are eligible for FELA as well as other options for compensation. Asbestos lawyers are knowledgeable of the complexities of FELA and can ensure that their clients receive fair amount of compensation for their injuries.

The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering from mesothelioma could make claims under state law against asbestos manufacturers, but the claims must be filed in a state that has a high level of expertise in handling these cases. Additionally, the lawsuits must include allegations of inadequate supervision or training and the defendant must be able to demonstrate that the mesothelioma of a plaintiff was the result of exposure to asbestos on the job.

Many railway workers were exposed to asbestos when they worked on trains, in locomotive shops and in other areas of the railroad system. A survey of railroad workers in the 1980s showed that 21% had been exposed to asbestos cancer claims while at work. Asbestos is a dangerous mineral that can cause variety of illnesses including fibrotic lung disease to mesothelioma and the mesothelioma lawyers at Simmons Hanly Conroy have extensive experience helping railroad workers as well as their families.

Railroad employees, unlike other workers, do not have access the standard workers' compensation that is available in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma need to make a civil claim under FELA.

The FELA is not applicable to all railroad companies

FELA is a federal law that defines railroad employers' responsibility for employees who suffer injuries or are diagnosed with certain illnesses. However there are a few railroads that are not covered by the law. A railroad worker must be employed by a common carrier that is involved in interstate commerce to be able to sue under the FELA.

If a railroad worker is diagnosed with mesothelioma or a different asbestos-related disease after being exposed to asbestos during work they may be able to sue their employer. However, it is crucial to remember that a plaintiff must prove that their employer was negligent in their workplace exposure.

A claimant must also show that the asbestos-related illness contracted as a result. A FELA claim is not a way to automatically pay a worker compensation for mesothelioma-related diagnosis since mesothelioma-related symptoms are not likely to show up until decades after the initial exposure.

A mesothelioma attorney can assist in proving the link between an injury and asbestos-related diseases. Attorneys at mesothelioma law firms will look into the history of exposure to asbestos of a railroad worker and determine whether or not they are eligible for compensation.

While asbestos is banned in the United States, older railway equipment may still contain the toxic material. Asbestos was used in nearly all steam locomotives' fireboxes and boilers as well as their cabooses and pipes up to the mid-1980s. In addition, railroads might have used asbestos in the railcar insulation, industrial brake shoes and diesel engine gaskets.

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

In spite of the Supreme Court's recent ruling regardless of the Supreme Court's recent ruling, it is crucial for workers to speak with an experienced asbestos lawyer to ensure that all legal rights are protected. An experienced attorney can assist a client in filing an effective lawsuit against a railroad company who did not take the appropriate precautions to avoid asbestos-related diseases.

The FELA is not applicable to all railway workers.

Rail workers who have been diagnosed with asbestosis or mesothelioma or other diseases that are linked to years of exposure toxic substances, have numerous legal options available to them. The claim may include medical expenses, funeral costs, and other expenses in addition to compensation for discomfort and pain. For those who worked in the railroad industry, it's important to seek out experienced representation from a railroad mesothelioma lawyer firm to ensure that their rights and remedies are secured.

Although pursuing a mesothelioma lawsuit against a former railroad company might seem daunting, it is possible to win this kind of case. The injured worker or their family members must prove that the railroad failed to do its duty to protect workers, by failing to limit or monitor Railroad Asbestos Claims exposure to asbestos. This negligence has to be directly related to the asbestos-related illness. Injured railway workers should hire an experienced FELA lawyer to help determine the best option for them.

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

Although the passage of FELA has increased safety in the workplace but there are still a lot of hazards that are present for workers in this field. Despite the risks railroad companies aren't free from serious misdeeds in the pursuit of maximizing profits.

Asbestos no longer is employed in the manufacturing of railroad products, Railroad Asbestos Claims but older ones still are 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 long period of limitations in FELA cases, it is important to file a lawsuit as soon as symptoms appear. Asbestos victims should be able to get the financial compensation they need and are due by the responsible parties.