Railroad Asbestos Claims

Railroad workers suffering from asbestos-related diseases like mesothelioma, can seek compensation for their employers. These lawsuits are covered under the Federal Employers' Liability Act (FELA).

Defense lawyers will attempt to blame a plaintiff's disease on anything other than on-the-job exposure to asbestos. They may refer to genetics, smoking cigarettes smoking or their home and neighborhood.

Federal Employers Liability Act

The Federal Employers Liability Act allows railroad employees to sue their employers if they contract mesothelioma or other asbestos poisoning claims-related illnesses because of negligent exposure. FELA, passed in 1908, allows railroad workers injured to sue their employers without having to go through workers compensation. FELA puts the burden of proof on plaintiffs in FELA cases than in traditional injury cases, making it easier to win a case.

asbestos insurance claim is commonly 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 was present in railroad tie-ups, Railroad Asbestos Claims steam locomotives, their boilers engines, engine gaskets, brake pads locomotive parts, and other railcar parts like ceilings of cabooses and passenger cars. Railroad workers were exposed asbestos and mesothelioma claims while working in the shops of railroads and roundhouses, when locomotives were being overhauled, repaired or replaced as well as while traveling by bus or train between various locations on the rail network.

Railroad workers who develop asbestos-related diseases are typically awarded significant compensation for their losses. This could include medical expenses, lost income, and emotional pain. In some instances families of victims could receive compensation for wrongful death in the event of the loss of a loved one.

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

These symptoms can often be noticed years after an asbestos exposure. It is crucial that railroad workers who have been injured and their families seek legal assistance as soon as they can.

The information in this LibGuide is intended to be a research aid to Villanova Law School students and faculty, and is not legal advice. To obtain additional information or to discuss a particular problem get in touch with an experienced mesothelioma attorney. Here are the contact information. If you cannot contact an attorney, a trust fund for asbestos can assist in filing claims.

State Law Claims

The United States Constitution requires that federal law trumps state law. 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 (LIA) preempted railroad workers' state law claims against the manufacturers of asbestos-containing rail equipment in the event of injuries, such as mesothelioma.

The victim was a welding and machinist who worked in a railroad company for over 30 years and throughout his career he was exposed to asbestos-containing brakes as well as insulation materials. After retirement after which the mesothelioma diagnosis was confirmed. He filed a lawsuit against the asbestos manufacturers, claiming that they did not warn him about the risks and caused his illness. The lawsuit also claimed that the railroad failed to provide appropriate safety equipment.

While mesothelioma, asbestos-related illnesses can be extremely difficult to identify, a skilled attorney can help victims understand 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 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 pursue state law claims against asbestos manufacturers, but those claims must be filed in a state that has an expert level in handling these cases. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must also be able prove that the mesothelioma that the plaintiff suffers from is due to exposure to asbestos on the job.

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. A survey of railroad workers in the 1980s revealed that 21% of them had been exposed to asbestos while working. Asbestos can cause a variety of ailments, including fibrotic lungs mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in helping railroad workers and families.

In contrast to other workers, railroad workers do not have access to the standard workers' compensation system that is available in all states. Instead, railroad workers who suffer from occupational illnesses such as mesothelioma have 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 diagnosed with certain ailments. However it is not the case that all railroads are covered by the law. To be able for a railroad worker to sue under FELA the worker must be employed by a company that is a common carrier that operates in interstate commerce.

If a railroad worker develops mesothelioma or a different asbestos-related illness after being exposed to asbestos during work they may be able to sue their employer. It is crucial to remember, however, that a railroad worker must demonstrate that their employer's negligence was the cause.

Additionally, a claimant must also show that the asbestos-related disease sustained because of the exposure. A FELA claim is not a way to pay a worker who has been diagnosed with mesothelioma because the symptoms of mesothelioma usually are not evident until years after initial exposure.

When it comes to proving the connection between an injury and the asbestos-related disease, a knowledgeable mesothelioma lawyer can aid. Attorneys from a mesothelioma firm can review a railroad worker's asbestos exposure history to determine if they are eligible to receive compensation.

Although asbestos is banned in the United States, older railway equipment could still contain the hazardous material. Asbestos was used in almost all steam locomotives' fireboxes as well as boilers as well as their pipes and cabooses up until the mid-1980s. In addition, railroads could have used asbestos in railcar insulation, industrial brake shoes and gaskets for diesel engines.

Asbestos exposure in the workplace can be a serious concern. Unfortunately, many railroads knew about asbestos' dangers but failed to protect their employees. In the end, thousands of railroad workers have been affected by asbestos-related diseases like mesothelioma.

Whatever the Supreme Court's recent decision, it is essential for a worker to consult with an experienced asbestos lawyer to ensure that all legal rights are secured. A knowledgeable attorney can help a client file an effective lawsuit against a railroad firm that did not take the appropriate safety measures to prevent asbestos-related diseases.

The FELA does not apply to all railway workers

Rail workers who are diagnosed with mesothelioma, asbestosis or other ailments that are linked to long-term exposure to toxic substances, have a variety of legal options at their disposal. A claim can include funeral costs, medical expenses, and other costs in addition to compensation for pain and discomfort. For those who worked in the railroad industry, it is essential to seek experienced representation from a railroad mesothelioma lawyer firm to ensure that their legal rights and remedies will be secured.

While pursuing a mesothelioma lawsuit against a former railroad company might sound difficult, it is possible to prevail in this type of lawsuit. However, the person injured or their family must prove that the railroad company erred in its duties to protect workers by not monitoring and/or limiting exposure to asbestos. The asbestos-related disease must be directly linked to this negligence. Railway workers who have been injured should consult an experienced FELA lawyer to assist in determining the best option for them.

Employees of an operator of a railroad operating across state lines may sue their employer and the manufacturer of the equipment, under FELA. The law applies to both employees who suffer injuries on the job and those who are diagnosed with occupational diseases like mesothelioma or lung cancer.

While the passing of FELA has improved safety at work however, there are many dangers that exist for workers in this industry. Railroad companies are not above serious misconduct to increase profits, despite the dangers.

Asbestos is not used anymore in the production of railroad products, however older ones are still exposed to this substance. This is due to the fact that it was used by nearly all steam locomotive manufacturers in their fireboxes and pipes. Boxcars and cabooses were often lined with asbestos insulation.

Despite the long period of limitations in FELA cases it is crucial to file a lawsuit immediately when symptoms start to show. Asbestos victims have the right to the financial compensation they are entitled to and are owed by those responsible.