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Railroad Asbestos Claims

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

Defense lawyers will attempt to blame the plaintiff's illness on anything other than the asbestos exposure they experienced during their work. They could blame it on genetics, cigarettes smoking or their home and neighborhood.

Federal Employers Liability Act (FELA)

The Federal Employers Liability Act allows railroad employees to sue their employers in the event that they suffer from mesothelioma or other asbestos-related illnesses as a result exposure to asbestos that was not properly controlled. FELA was approved in 1908, permits railroad workers injured to sue their employers without having to go through workers' compensation. FELA puts less burden on plaintiffs in FELA cases than in traditional injury cases, making it easier to win a case.

Asbestos was commonly employed in railroad and train equipment due to its low cost, its durability and fireproofing properties. Asbestos was used in railroad ties, steam locomotives and their engines, boilers engines, brake pads, engine gaskets locomotive parts, as well as other railcar components such as ceilings of cabooses and passenger cars. Railroad workers also had exposure to asbestos during repair work at railroad shops and roundhouses when locomotives were being overhauled and repaired and also when traveling between locations along the rail network via bus or train.

Rail workers who suffer from asbestos-related diseases receive substantial compensation. This could include medical expenses, lost income and emotional pain. In some instances the family members of the victim could be eligible to receive compensation for the loss of a loved one.

Railway workers also are exposed to other toxic substances in their work environment, such as diesel fuel, diesel exhaust fumes creosote, welding fumes and creosote. They may also have been exposed to benzene-containing degreasers, herbicides, solvents, and secondhand smoke. As a result, railroad workers are more susceptible to mesothelioma development than other workers.

In most cases the symptoms don't show up until a few several years after the initial exposure to asbestos lawsuits. It is important that railroad workers who have been injured and their family members seek legal assistance as quickly as they can.

The information contained in this LibGuide was created to be a research aid to Villanova Law School students and faculty members, and does not constitute legal advice. To find out more information or to discuss a specific problem, please contact an experienced mesothelioma attorney. Contact information is given below. If you are unable contact an attorney or a trust fund for asbestos, an asbestos trust can assist in filing mesothelioma claims.

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 to treat mesothelioma related injuries.

The victim, who worked as a welder/machinist working for a railroad for over 30 years, was exposed to asbestos brakes and insulation throughout his entire career. After retirement after a while, he was discovered to have mesothelioma. He filed a lawsuit against the asbestos producers, alleging that they failed him to warn of the dangers. The lawsuit also claimed that the railroad failed to provide adequate safety equipment.

A knowledgeable attorney can help victims determine whether they qualify for FELA as well as other compensation options. Asbestos attorneys are knowledgeable of the intricacies of FELA and can ensure that their clients receive fair compensation for their injuries.

The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering mesothelioma may pursue state law claims against asbestos-producing companies, 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 a lack of supervision or training. A defendant must be able prove that the mesothelioma that the plaintiff suffers from is due to exposures to asbestos while working.

Many railway workers were affected by asbestos exposure while they worked in locomotive shops, on trains or in other areas. A survey of railroad workers in the 1980s revealed that 21% had been exposed to asbestos while working. Asbestos is a cause of a variety of diseases such as fibrotic lungs disease and mesothelioma. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in assisting railroad workers and 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 suffer from occupational diseases such as mesothelioma are obliged to file a civil lawsuit under FELA.

The FELA is not applicable to all railroad companies

FELA is a federal law that outlines railroad employers' liability for workers who suffer injuries or become diagnosed with certain ailments. However there are a few railroads that are not covered by the law. To be able for railroad workers to bring a lawsuit under FELA it must be employed by a firm that is a common carrier engaged in interstate commerce.

If a railroad worker is diagnosed with mesothelioma or another asbestos-related disease after being exposed to asbestos while at work they may be able to sue their employer. However, it is important to note that a plaintiff must prove that their employer was negligent in their exposure at work.

A claimant must also demonstrate that the asbestos-related illness was contracted as a result of. A FELA claim is not a way to automatically compensate a worker for a mesothelioma diagnosis because mesothelioma symptoms usually do not manifest until decades after the initial exposure.

If you need to prove the connection between an injury and asbestos-related disease, an experienced mesothelioma lawyer can assist. Lawyers from a mesothelioma law firm will review a railroad worker's asbestos exposure history and determine whether they qualify to receive compensation.

Although asbestos was banned from use in the United States, some older railway equipment still contains the toxic substance. For example, almost all steam trains had asbestos in their fireboxes, boilers pipes, cabooses and fireboxes up to the mid-1980s. Additionally, railroads may have used asbestos in the railcar insulation, industrial brake shoes and gaskets for diesel engines.

Asbestos in the workplace can be a serious issue. Sadly, many railroad companies were aware of the dangers of asbestos lawyers exposure, but did not take steps to protect their employees. Due to asbestos exposure, thousands of railroad workers have developed asbestos lawyers-related diseases such as mesothelioma.

Whatever the Supreme Court's recent ruling, it is important for workers to speak with an experienced asbestos lawyer; here, to ensure that their legal rights are protected. A knowledgeable 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.

Railroad workers who are diagnosed with mesothelioma, asbestosis or other illnesses resulting from years of exposure to toxic substances have numerous legal options to choose from. In addition to the compensation available for pain and suffering, claims can also cover the cost of medical treatment funeral expenses, medical care and other expenses. It is essential for those who worked on the railroad to seek experienced representation from a specialized railroad mesothelioma law firm in order to better ensure their legal rights and remedies are safeguarded.

While pursuing a mesothelioma suit against a former railroad company may sound intimidating, it is feasible to succeed in this type of case. The injured worker or their family members must demonstrate that the railroad did not fulfill its obligation to safeguard workers, by not ensuring or limiting asbestos exposure. This negligence must be directly connected to the asbestos-related disease. Railway workers who suffer injuries should consult an experienced FELA attorney to determine the best course of action.

FELA permits those who worked for a railroad company that crosses state lines to sue their employer and the manufacturer of the equipment. The act covers those who suffer injuries in the workplace as well as those who have been diagnosed with occupational diseases such as mesothelioma or lung cancer.

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

Asbestos is not used anymore in the manufacturing of railroad products, however older ones are still exposed to the substance. This is due to the fact that nearly all steam train manufacturers used it in their fireboxes, pipes, and boilers. In addition, boxcars and cabooses were typically lined with asbestos insulation.

Despite the fact that time limits for FELA cases are lengthy and often a long time, it is vital to file a lawsuit as soon as possible following the beginning of symptoms. Asbestos victims should be able to get the financial compensation they deserve and are owed by the responsible parties.