Railroad Asbestos Claims

Railroad workers who develop asbestos-related diseases, such as mesothelioma, can claim compensation from their employers. These lawsuits are filed under protections of the Federal Employers Liability Act or FELA.

Defense lawyers attempt to blame the illness of a plaintiff on something other than their on-the-job exposure to asbestos. They could blame genetics, smoking cigarettes or the environment and home of the plaintiff.

Federal Employers Liability Act

The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers when they develop mesothelioma or any other asbestos-related disease due to negligent exposure. FELA was passed in 1908, allows 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 win their case.

Asbestos is widely used in train and railway equipment because of its low cost as well as its durability and flexibility. It also is a great fireproofing material and has excellent thermal insulating properties. Asbestos can be found in railroad ties and steam locomotives with their boilers. It is also found in brake gaskets, engine gaskets pad, locomotive parts, and ceilings of cabooses, passenger cars and locomotive parts. Railroad workers were exposed to asbestos while working in the shops of railroads and roundhouses, as locomotives were being overhauled, repaired or replaced, and also while traveling by bus or train between locations along the rail network.

Rail workers who suffer from asbestos-related diseases receive substantial compensation. This could include medical expenses along with lost income and emotional pain. In some cases families of victims may be eligible to receive compensation for the loss of a loved one.

Railway workers are also exposed other toxic substances in their work environment, such as diesel fuel, diesel exhaust fumes creosote, welding fumes, and creosote. They could also have been exposed to benzene-containing cleaners, herbicides, solvents, and secondhand smoke. This means that railroad workers are more susceptible to mesothelioma forming than other workers.

Most of the time the symptoms don't manifest themselves until years after the worker's initial exposure to asbestos. This is the reason it's essential for injured railroad workers and Railroad Asbestos Claims their families to seek legal aid as soon as they can.

The information contained in this LibGuide is intended solely as a research supplement to Villanova Law School students and faculty members, and is not legal advice. Contact an experienced lawyer who specializes in mesothelioma to get more information or discuss a specific matter. Here are the contact details. If you cannot contact an attorney or a trust fund, a trust fund for asbestos cancer claim may be able to assist you in filing claims.

State Law Claims

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

The victim was a welding and machine operator who worked in a railroad company for more than 30 years and throughout his working life, he was exposed to asbestos-containing brakes and insulation materials. After retiring the following year, he was diagnosed to be mesothelioma-positive. He filed a lawsuit against the asbestos producers, claiming that they did not warn him of the dangers and triggered his illness. The lawsuit also claimed that the railroad failed in providing appropriate safety equipment.

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

The Supreme Court's ruling in Kurns opened the possibility for railroad workers who develop mesothelioma to pursue state law claims against the manufacturers of asbestos. However, claims must be filed in states that have a high level expertise in handling cases like this. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must also be able to prove that the mesothelioma that the plaintiff suffers from is due to exposures on the job.

Many railway workers were exposed to asbestos when they worked on trains as well as in locomotive shops and in other areas of the railroad system. In fact, a survey of railroad workers conducted in the 1980s found that 21% of these workers had been exposed to asbestos exposure claim while at work. Asbestos is a toxic mineral that can cause a variety of illnesses including fibrotic lung disease to mesothelioma and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers as well as their families.

In contrast to other workers, railroad employees do not have access to the standard workers' compensation system, which is found in all states. Instead, railroad workers who suffer from occupational illnesses such as mesothelioma are obliged 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 responsibility of railroad employers for employees who are injured or are diagnosed with certain illnesses. Some railroads are not covered by the law. In order for a railroad worker to sue under FELA, they must be employed by a company that is a common carrier engaged in interstate commerce.

If a railroad worker is diagnosed with mesothelioma or a different asbestos-related disease after being exposed to asbestos while at work they may sue their employer. It is important to keep in mind, however, that a railroad worker has to demonstrate that their employer's negligence was the cause.

Additionally, a claimant must prove that the asbestos-related illness was sustained because of the exposure. A FELA claim is not a way to automatically provide compensation to a worker with mesothelioma diagnoses because mesothelioma symptoms typically do not manifest until a long time after the initial exposure.

If you need to prove the connection between an injury and asbestos-related disease, an experienced mesothelioma lawyer can aid. Lawyers from a mesothelioma law firm can examine a railroad employee's asbestos exposure history and determine whether they are eligible to receive compensation.

Although asbestos legal claims is prohibited in the United States, older railway equipment may still contain the hazardous material. For instance, nearly all steam trains had asbestos claim in their fireboxes, boilers pipes, cabooses and fireboxes up to the mid-1980s. Railroads may also have used asbestos to make railcar insulation and industrial braking shoes and gaskets for diesel engines.

Exposure to asbestos in the workplace is a very serious issue. Unfortunately, many railroads were aware about asbestos' dangers but did not protect their employees. As a result of asbestos exposure, a lot of railroad workers have developed asbestos-related diseases like mesothelioma.

It is important that workers seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are secured. A knowledgeable lawyer can help a client bring a successful lawsuit against railroad companies who didn't take the proper precautions to prevent asbestos-related illnesses.

The FELA does not apply to all railway workers.

Rail workers who are diagnosed with mesothelioma, asbestosis, or other illnesses that are linked to long-term exposure to toxic substances, have many legal options available to them. In addition to the compensation available for pain and suffering an action may also cover the cost of medical care funeral costs, as well as 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 are protected.

It is possible to prevail in a mesothelioma lawsuit against a former railroad corporation, even if it may appear daunting. The person who was injured or their family members must demonstrate that the railroad failed to do its duty to protect workers by not ensuring or limiting asbestos exposure. The asbestos-related disease must be directly connected to this lapse in care. Railway workers who have been injured should consult an experienced FELA lawyer to help determine the best course of action.

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

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

Asbestos no longer is employed in the manufacturing of railroad products but older ones still are exposed to this substance. It's 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 long statute of limitations in FELA cases it is essential to file a lawsuit as soon as symptoms appear. Asbestos sufferers deserve the financial compensation they require and are due by the parties responsible.