Railroad Asbestos Claims

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

Defense lawyers will try to blame the plaintiff's illness on anything but their asbestos exposure at work. They might blame it on genetics, cigarettes smoking, or even their home and neighborhood.

Federal Employers Liability Act

The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers if they develop mesothelioma, or other asbestos-related illnesses, as a result of negligence exposure. FELA was approved in 1908 and permits injured railroad employees to sue their employers without having to undergo the workers' compensation system. FELA puts the burden of proof on plaintiffs in FELA cases than in traditional injury claims, making it easier to win the case.

Asbestos is often used in railway and train equipment because of its low cost as well as its durability and flexibility. It also has excellent fireproofing and thermal insulation properties. Asbestos was used in railroad ties, steam locomotives and their boilers as well as engine gaskets, brake pads, locomotive parts and other railcar components 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, as well as while traveling between locations on the rail network by train or bus.

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

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

Most of the time, these symptoms do not show up until a few some time after the worker's first exposure to asbestos. This is why it's crucial for railroad workers who have been injured and their families to seek legal help as soon as they can.

The information in this LibGuide was created to be a research aid to Villanova Law School students and faculty. It is not legal advice. Please contact an experienced attorney who specializes in mesothelioma law to obtain more information or to discuss a specific issue. Here are the contact details. If you are unable contact an attorney or trust fund, a trust account for asbestos can assist in making a claim.

State Law Claims

The United States Constitution requires that federal law overrules state law, and the Supreme Court upheld this principle in the recent case of Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act preempted state law claims by railroad workers against manufacturers of asbestos-containing equipment in case of mesothelioma-related injuries.

The victim, a welder/machinist for a railroad for nearly 30 years and was exposed to asbestos lawyer brakes and insulation throughout his entire career. After retirement, his mesothelioma was discovered. He filed a lawsuit against asbestos manufacturers, claiming that they failed to warn him of the dangers and triggered the disease. The lawsuit also claimed that the railroad failed to provide adequate safety equipment.

A knowledgeable attorney can help victims determine their eligibility for FELA as well as other options for compensation. asbestos lawyer lawyers are knowledgeable of the complexities of FELA and can ensure that their clients receive a fair compensation for their damages.

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 those claims must be filed in a state that has a high level of expertise in handling such cases. In addition the lawsuits should contain allegations of negligent supervision or training and the defendant must be able to prove that a plaintiff's mesothelioma was caused by exposure to asbestos lawsuits at work.

Many railway workers were exposed to asbestos while they worked on trains or in locomotive shops, as well as in other areas of the railroad system. In fact, a survey of railroad workers carried out in the 1980s indicated that 21% of those workers had likely been exposed to asbestos at work. Asbestos is a dangerous mineral that can trigger a variety of illnesses, from fibrotic lung disease to mesothelioma and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers and their families.

Railroad employees, unlike many workers, don't have access to the common workers' compensation found in all states. Instead, railroad employees who suffer from occupational diseases such as mesothelioma are obliged to file a civil suit under FELA.

The FELA is not applicable to all railroad companies

FELA is an act of the federal government that defines the liability of railroad employers for employees who are injured 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 who is involved in interstate commerce in order to sue under the FELA.

This means that if a worker on the railroad is exposed to asbestos while at work and develops mesothelioma, or another asbestos-related illness, they may sue their employer. It is crucial to remember that the plaintiff must demonstrate that their employer was negligent in their exposure to asbestos at work.

A claimant must also prove that the asbestos-related illness contracted as a result. A FELA claim is not a way to pay a worker who has been diagnosed with mesothelioma because mesothelioma symptoms typically do not appear until decades after the initial exposure.

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

Although asbestos was banned from use in the United States, some older railway equipment still contains the toxic material. For instance, nearly all steam trains included asbestos in their fireboxes, boilers, pipes and cabooses until the mid-1980s. Railroads could also have used asbestos for insulation of railcars, industrial braking shoes, and gaskets for diesel engines.

Asbestos exposure in the workplace can be a serious issue. Unfortunately, many railroads were aware about the dangers of asbestos exposure but did not take the necessary precautions to ensure their employees were protected. As a result of asbestos exposure, thousands of railroad workers have been diagnosed with asbestos-related illnesses such as mesothelioma.

Regardless of the Supreme Court's recent decision, it is important for a worker to consult with an experienced asbestos lawyer to ensure that all legal rights are protected. An experienced attorney can help a client file an effective lawsuit against a railroad company that did not take the appropriate precautions to prevent asbestos-related diseases.

FELA Doesn't 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. A claim could include medical costs, funeral expenses, and other costs in addition to compensation for pain and discomfort. It is crucial for those who worked on the railway to seek experienced representation from a dedicated railroad mesothelioma law firm to ensure that their rights and remedies are safeguarded.

Although pursuing a mesothelioma lawsuit against a former railroad employer might seem difficult, it is possible to win this kind of lawsuit. The person who was injured or their family must show that the railroad company did not fulfill its obligation to protect workers, by not ensuring or limiting exposure to asbestos. The asbestos-related disease must be directly related to this lapse in care. Injured railway workers should hire an experienced FELA lawyer to help determine the best method of action.

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

While the passing of FELA has improved safety at work however, there are many hazards that are present for workers in this industry. Railroad companies are not immune to serious misconduct in order to maximize profits, despite the risks.

Asbestos no longer is used in the manufacture of railroad equipment, however older ones still are exposed to this chemical. This is due to the fact that it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. In addition, boxcars and cabooses were typically lined with asbestos insulation.

Despite the long period of limitations in FELA cases it is crucial to file a lawsuit as soon as symptoms appear. asbestos attorney sufferers deserve the financial compensation they need and are due by the parties responsible.