Railroad Asbestos Claims
Railroad workers who develop asbestos-related illnesses, such as mesothelioma can claim compensation from their employers. These lawsuits fall under the Federal Employers Liability Act (FELA).
Defense lawyers attempt to blame a plaintiff's illness on anything other than their on-the-job exposure to asbestos. They may blame it on genetics, cigarettes smoking, or even 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 because of negligence in exposure. FELA was approved in 1908 and permits injured railroad workers to sue their employer without needing to go through the workers compensation system. FELA puts a lower burden on plaintiffs in FELA cases than traditional injury claims, making it easier to win a case.
Asbestos is commonly used in railway and train equipment due to its low cost, durability and flexibility. It also is a great fireproofing material and has excellent thermal insulating properties. Asbestos was present in railroad tie-ups, steam locomotives, their boilers engines, engine gaskets, brake pads locomotive parts, and other railcar parts like ceilings of cabooses as well as passenger cars. Railroad workers were exposed to asbestos when working in railroad shops and roundhouses when locomotives were being overhauled or repaired, and also while travelling by train or bus between stations along the rail network.
Rail workers who develop asbestos-related diseases receive substantial compensation. This can include medical bills and lost income as well as emotional suffering. In some cases families of victims could receive compensation for wrongful death in the event of the loss of a loved one.
Railway workers also are exposed to other harmful substances while in their work environment, such as diesel fuel, diesel exhaust fumes creosote, welding fumes, and creosote. They may have also been exposed benzene-containing degreasers and herbicides, solvents, and secondhand smoke. As a result, railroad workers are more susceptible to mesothelioma forming than other workers.
These symptoms can often appear years after asbestos exposure. It is important that railroad workers who have been injured and their family members seek legal assistance as soon as they can.
This LibGuide is not a source of legal advice. It is designed to be a research tool for Villanova Law School faculty and students. To obtain additional information or to discuss a particular issue, please contact an experienced mesothelioma attorney. Contact information is listed below. If you are unable to contact an attorney, an asbestos trust fund can help you file mesothelioma claims.
State Law Claims
The United States Constitution mandates that federal law prevails over state law. The Supreme Court confirmed this principle in its recent case, Kurns v. Railroad Friction Products Corp. The Court ruled the Locomotive Inspection Act preempted state law claims brought by railroad workers against the manufacturers of asbestos-containing equipment for injuries like mesothelioma.
The victim was a welder and machinist working for a railroad firm for over 30 years and throughout his working life, he was exposed to asbestos-containing brakes as well as insulation materials. After his retirement the following year, he was diagnosed to have mesothelioma. He filed a lawsuit against asbestos manufacturers for failing to inform to warn him of the risks. The lawsuit also claimed that the railroad failed in providing appropriate safety equipment.
A knowledgeable attorney can help victims determine their eligibility for FELA as well as other options for compensation. Asbestos attorneys are knowledgeable of the complexities of FELA and can make sure 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 might make claims under state law against asbestos-producing companies, but those claims must be filed in a state with a high level of expertise in handling these cases. In addition the lawsuits should contain allegations of negligent supervision or training, and a defendant must demonstrate that the mesothelioma of a plaintiff was caused by exposure to asbestos 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 study of railroad workers carried out in the 1980s indicated that 21% of these workers had likely been exposed to asbestos at work. Asbestos is a cause of a variety of ailments such as fibrotic lungs disease and mesothelioma. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in assisting railroad workers and their families.
As opposed to most workers, railroad employees are not covered by the standard workers' compensation system that is available in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma need to make a civil claim under FELA.
FELA Doesn't apply to All Railroad Companies
FELA is a federal law that defines the responsibility of railroad employers for employees who are injured or are diagnosed with certain illnesses. There are a few railroads that are covered by the law. To be able for railroad employees to sue under FELA it must be employed by a firm that is a common carrier engaged in interstate commerce.
This means that if a railway worker is exposed to asbestos at work and develops mesothelioma, or another asbestos-related illness, they may file a lawsuit against their employer. It is crucial to remember, however, that a railroad worker has to demonstrate that their employer's negligence was the cause.
Additionally, a claimant must also prove that the asbestos-related disease was sustained as a result of that exposure. A FELA claim will not automatically compensate a worker for a mesothelioma diagnosis because mesothelioma symptoms usually do not appear until a few decades after the initial exposure.
When it comes to proving the connection between an injury and asbestos-related disease, a knowledgeable mesothelioma lawyer can assist. Lawyers from a mesothelioma law firm can look into the asbestos exposure history of a railroad worker and determine if they are entitled to compensation.
While asbestos is banned in the United States, older railway equipment may still contain hazardous material. Asbestos was present in nearly all steam locomotives' fireboxes, boilers, as well as in their cabooses and pipes up until the mid-1980s. Additionally, railroads may have used asbestos in railcar insulation as well as industrial brake shoes and diesel engine gaskets.
Asbestos in the workplace could be a serious concern. Unfortunately, many railroads knew about the dangers of asbestos exposure but did not take the necessary precautions to protect their workers. As a result, thousands of railroad workers have been affected by asbestos-related diseases such as mesothelioma.
It is crucial that employees seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are secured. A skilled lawyer can assist the client file a successful lawsuit against railroad companies who failed to take the proper precautions to prevent asbestos-related illnesses.
The FELA is not applicable to all railway workers
Railroad workers who become diagnosed with mesothelioma or asbestosis or other illnesses resulting from years of exposure to toxic substances have many legal options to choose from. A claim can include medical expenses, funeral expenses, and other expenses in addition to compensation for discomfort and pain. For those who worked in the railroad industry, it's crucial to seek expert representation from a railroad mesothelioma lawyer firm to ensure that their rights and remedies are protected.
It is possible to win a mesothelioma claim against a former railroad company, even if it may seem overwhelming. However, the person injured or his or her family members must prove that the railroad company erred in its duty to protect workers, failing to monitor and/or limit exposure to asbestos. This negligence must be directly linked to the asbestos-related illness. Railway workers who are injured should consult with an experienced FELA attorney to determine the best course of action.
FELA allows those who worked for a railroad that crosses state lines to sue their employer as well as the equipment manufacturer. The act covers those who are injured at work, as well as those diagnosed with occupational diseases, such as mesothelioma and lung cancer.
Despite the fact that FELA has improved safety in the workplace however, there are still many risks for workers. Railroad companies are not immune to serious misconduct to maximize profits, despite the dangers.
Baton Rouge asbestos lawsuit is no longer used in the manufacture of railroad products but older ones still are exposed to the substance. This is due to the fact that nearly all steam railroad manufacturers used it in their fireboxes, pipes and boilers. Asbest insulation was also used to line cabooses and boxes.
Despite the lengthy statute of limitations in FELA cases it is essential to file a lawsuit immediately when symptoms start to show. Asbestos sufferers deserve the financial compensation they require and are due by the responsible parties.