Railroad Asbestos Claims
Railroad workers suffering from asbestos-related diseases such as mesothelioma can be able to seek compensation from their employers. These lawsuits are filed under protections provided by the Federal Employers Liability Act or FELA.
Defense lawyers will try and blame the plaintiff's illness on anything but their asbestos exposure during their work. They may point to genetics, cigarette smoking, or their home or neighborhood.
Federal Employers Liability Act
The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they develop mesothelioma, or other asbestos-related illnesses, as a result of negligent exposure. FELA, approved in 1908, permits railroad workers who are injured to sue their employers without having to go through workers compensation. FELA also puts the burden of proof lower on plaintiffs than traditional injury cases, which makes it easier for injured workers to succeed in proving their case.
Asbestos was commonly employed in railroad and train equipment due to its cheap cost, its durability, fireproofing and thermal insulation properties. Asbestos was present in railroad ties, steam locomotives and their boilers, engine gaskets, brake pads locomotive parts, as well as other railcar parts like ceilings of cabooses as well as passenger cars. Railroad workers were exposed asbestos while working in the shops of railroads and roundhouses when locomotives were overhauled or repaired and also when travelling by train or bus between stations along the rail network.
Railroad workers who develop asbestos-related diseases are typically awarded substantial compensation for their losses. This can include medical bills as well as lost income and emotional suffering. 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 harmful substances while 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 degreasers, herbicides, solvents, and secondhand smoke. As a result, railway workers are more susceptible to mesothelioma development than other workers.
Often the symptoms don't appear until several years after the initial exposure to asbestos. It is crucial that railroad workers injured and their family members seek legal assistance as soon as they can.
The information in this LibGuide was created only as a research tool to Villanova Law School students and faculty. It does not constitute legal advice. To find out more information or to discuss a particular issue, please contact an experienced mesothelioma attorney. Contact information is given below. If you are unable contact an attorney or an asbestos trust fund, an asbestos trust fund can assist in filing mesothelioma lawsuits.
State Law Claims
The United States Constitution mandates that federal law prevails over state law. The Supreme Court confirmed this principle in its recent decision, Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act preempted state law claims brought by railroad workers against manufacturers of asbestos-containing equipment for injuries like mesothelioma.
The victim, who worked as a welder/machinist for a railroad for nearly 30 years, was exposed to asbestos brakes and insulation throughout his time. After retirement after a while, he was discovered to have mesothelioma. He brought a lawsuit against asbestos manufacturers, claiming that they did not warn him of the dangers and triggered his illness. The lawsuit also claimed the railroad was not able to provide adequate safety equipment.
Although mesothelioma and other asbestos attorney-related illnesses are extremely difficult to detect An experienced lawyer can assist patients in understanding their eligibility for FELA and other compensation options. Asbestos lawyers are knowledgeable of FELA's intricacies and can ensure that their clients receive a fair amount of compensation for their losses.
The Supreme Court's ruling in Kurns opened the door for railroad workers who have developed mesothelioma, to pursue 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 such as this. In addition, the lawsuits must include allegations of improper supervision or training and the defendant must be able to demonstrate that the mesothelioma of a plaintiff was caused by exposure to asbestos at work.
Many railway workers were afflicted by asbestos exposure when 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 at work. Asbestos is a cause of a variety of illnesses that include fibrotic lung mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in helping railroad workers and families.
Railroad employees, unlike many workers, are not able to access to 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.
FELA Doesn't apply to All Railroad Companies
FELA is a federal statute which defines railroad employers' liability for employees who suffer injuries or are diagnosed with certain illnesses. However it is not the case that all railroads are covered by the law. A railroad worker must be employed by a common carrier that engages in interstate commerce to sue under the FELA.
This means that if a railroad worker is exposed to asbestos while at work and develops mesothelioma or another asbestos attorneys-related illness, they may sue their employer. It is crucial to remember, however, that a railroad worker has to prove that their employer was negligent.
A claimant must also prove that the asbestos-related disease was contracted as a result of. A FELA claim cannot pay a worker who has been diagnosed with mesothelioma because mesothelioma symptoms typically are not evident until years after the initial exposure.
A mesothelioma lawyer can aid 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 to determine whether they are eligible for compensation.
Although asbestos was banned in the United States, some older railway equipment is still made of the toxic substance. Asbestos was present in nearly all steam locomotives' fireboxes and boilers, as well as in their cabooses and pipes up until the mid-1980s. Railroads could also have used asbestos for railcar insulation as well as industrial braking shoes and diesel engine gaskets.
Asbestos in the workplace could be a serious issue. Sadly, many railroads were aware about asbestos's dangers but failed to protect their workers. As a result of asbestos exposure, thousands railroad workers have developed asbestos attorney-related diseases such as mesothelioma.
Regardless of the Supreme Court's recent decision regardless of the Supreme Court's recent ruling, it is crucial for a worker to consult with an experienced asbestos lawyer to ensure that all legal rights are secured. A skilled lawyer can assist a client bring an effective lawsuit against railroad companies who did not take the appropriate security measures to avoid asbestos-related illnesses.
The FELA does not apply to all railway workers.
Railroad workers who are diagnosed with mesothelioma or 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 expenses, funeral costs and other expenses. It is crucial for those who worked on the railway to seek experienced representation from a dedicated railroad mesothelioma attorney to ensure their rights and remedies are protected.
It is possible to win a mesothelioma claim against a former railroad company even though it might seem daunting. However, the injured worker or his or her family members must prove that the railroad company was negligent in its duties to protect workers, not monitoring and/or limiting asbestos exposures. This negligence must be directly linked to the asbestos-related disease. Railway workers who are injured should consult with an experienced FELA attorney to determine the best course of action.
FELA permits those who worked for a railroad that crosses state lines to sue both their employer as well as the manufacturer of the equipment. The act covers workers who are injured at work 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, there remain many dangers for workers. Despite the risks railroad companies aren't free from serious misdeeds in the pursuit of maximizing profits.
Asbestos is not used anymore in the production of railroad equipment, but older ones are still exposed to this substance. This is due to the fact that it was used by almost all steam locomotive manufacturers in their fireboxes and pipes. Additionally, cabooses and boxcars were often lined with asbestos insulation.
Despite the fact that statute of limitations for FELA cases are lengthy, it is essential to file a lawsuit as soon as you can after the beginning of symptoms. Asbestos sufferers are entitled to the financial compensation that they are due and due by the parties responsible.