Railroad Asbestos Claims
Railroad workers suffering from asbestos-related illnesses, such as mesothelioma can be able to seek compensation from their employers. These lawsuits are filed under the protections provided by the Federal Employers Liability Act, or FELA.
Defense lawyers may attempt to blame a plaintiff's disease on anything other than their exposure to asbestos on the job. They might refer to genetics, smoking cigarettes smoking or their home and neighborhood.
Federal Employers Liability Act
The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers when they contract mesothelioma, or other asbestos lawsuit-related illnesses, due to negligent exposure. FELA was adopted in 1908, permits railroad workers who are injured to sue their employers without having to go through workers' compensation. FELA places a lower burden on plaintiffs in FELA cases than traditional injury claims and makes it easier to win the case.
Asbestos is commonly used in railroad and train equipment due to its low cost, durability, flexibility and fireproofing properties. Asbestos was found in railroad ties, steam locomotives and their engines, boilers engines, engine gaskets, brake pads locomotive parts, and other railcar components such as ceilings of cabooses as well as passenger cars. Railroad workers were also exposed to asbestos during work at railroad shops and roundhouses when locomotives were being overhauled and repaired as well as when travelling between different locations on the rail system by bus or train.
Rail workers who suffer from asbestos-related illnesses are compensated for a large amount. This can include medical costs, lost income, and emotional pain. In some instances families of victims could be eligible for compensation for the loss of a loved one.
Apart from asbestos, railway workers are also exposed to other workplace toxins like diesel fuel, diesel exhaust, creosote and 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.
The symptoms can appear years after asbestos lawsuits exposure. It is important that injured railroad workers and their family members seek legal help as soon as they can.
This LibGuide does not provide legal advice. It is designed to be a tool for research for Villanova Law School faculty and students. Please contact an experienced attorney who specializes in mesothelioma to get more information or discuss a specific issue. Contact information is provided below. If you cannot contact an attorney, a trust fund for asbestos may be able to assist you in making a claim.
State Law Claims
The United States Constitution mandates that federal law overrides state law. The Supreme Court confirmed this principle in its most recent case, 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 mesothelioma related injuries.
The victim was a welding and machine operator who worked for a railroad company for more than 30 years and throughout his working life, he was exposed to asbestos-containing brakes as well as insulation materials. After retirement the following year, he was diagnosed to be suffering from mesothelioma. He sued the asbestos manufacturers, alleging that they failed to warn him about the risks. The lawsuit also claimed that the railroad did not provide the proper safety equipment.
A skilled attorney can help victims determine whether they qualify for FELA as well as other compensation options. Asbestos attorneys are familiar with FELA's intricacies and can ensure that their clients receive a fair amount of compensation for their losses.
The Supreme Court's decision in Kurns opened the door for railroad workers who developed mesothelioma to file state law claims against the manufacturers of asbestos. However, these claims must be filed in states that have a high level expertise in handling cases like this. The lawsuits must also contain allegations of a lack of supervision or training. A defendant must be able to prove that the mesothelioma that the plaintiff suffers from is due to exposures to asbestos while working.
Many railway workers were afflicted by asbestos exposure as they worked in locomotive shops, on trains or in other areas. In fact, a survey of railroad employees conducted in the 1980s indicated that 21% of these workers had likely been exposed to asbestos at work. Asbestos is a deadly mineral that can trigger a diverse range of ailments, from fibrotic lung disease to mesothelioma and the mesothelioma lawyers at Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.
Unlike most workers, railroad workers are not covered by the standard workers' compensation system found in all states. Instead, railroad employees who suffer from occupational illnesses such as mesothelioma are required to file a civil suit under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is a federal statute that defines railroad employers' liability to workers who sustain injuries or develop certain ailments. However there are a few railroads that are not covered by the law. Railroad workers 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 another asbestos-related disease after being exposed to asbestos while working, they can sue their employer. It is important to note that a plaintiff must demonstrate that their employer was negligent in their workplace exposure.
In addition, the claimant must prove that the asbestos lawsuit-related disease sustained as a result of that exposure. A FELA claim will not compensate a worker who has been diagnosed with mesothelioma because mesothelioma symptoms typically are not evident until years after initial exposure.
A mesothelioma attorney can assist in proving the connection between an injury and asbestos-related illnesses. Lawyers from a mesothelioma company can review a railroad worker's asbestos exposure history and determine if they are eligible for compensation.
Although 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 as well as boilers as well as their cabooses and pipes until the mid-1980s. In addition, railroads could have used asbestos in the railcar insulation as well as industrial brake shoes and gaskets for diesel engines.
Asbestos in the workplace can be a serious issue. Sadly, many railroad companies knew about the risks of asbestos exposure and failed to protect their workers. In the end thousands of railroad workers have been affected by asbestos-related diseases like mesothelioma.
In spite of the Supreme Court's recent ruling regardless of the Supreme Court's recent ruling, it is crucial for a worker to consult with an experienced asbestos lawyer (click through the up coming page) to ensure that all legal rights are protected. A knowledgeable lawyer can help the client file an effective lawsuit against railroad companies who didn't take the proper precautions to avoid asbestos-related illnesses.
FELA Does Not Apply to All Railway Workers
Railroad workers who are diagnosed with mesothelioma, asbestosis or other illnesses linked to years of exposure to toxic substances have many legal options available to them. A claim can include medical costs, funeral expenses, and other costs in addition to compensation for discomfort and pain. 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 will be protected.
While pursuing a mesothelioma suit against a former railroad employer might sound daunting, it is possible to prevail in this type of claim. However, the person injured or his or her family members must prove that railroad company was negligent in its duty to safeguard workers by not ensuring that it was able to limit and monitor exposure to asbestos. This negligence must be directly linked to the asbestos-related illness. Injury railway workers should consult an experienced FELA attorney to determine the most appropriate course of action.
People who worked for a railroad that operates across state lines are able to sue their employer and also the manufacturer of the equipment, under FELA. The act covers both those who suffer injuries on the job and those diagnosed with occupational diseases like mesothelioma or lung cancer.
Although the passage of FELA has improved safety at work however, there are many dangers that exist for workers in this industry. Despite the risks, railroad companies are not overcommitting serious violations in the pursuit of maximizing profits.
Asbestos is no longer employed in the manufacturing of railroad equipment, however older ones are still exposed to the substance. It is because it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. Asbest insulation was also used to line cabooses and boxes.
Despite the long statute of limitations in FELA cases, it is important to file a lawsuit as soon as symptoms appear. Asbestos sufferers are entitled to the financial compensation that they are entitled to and are due by the parties responsible.