Railroad Asbestos Claims
Railroad workers who suffer from asbestos-related diseases, such as mesothelioma, can claim compensation from their employers. These lawsuits fall under the Federal Employers' Liability Act (FELA).
Defense lawyers will try and blame the plaintiff's illness on anything but their asbestos exposure on the job. They might point to genetics, cigarette smoking or their home and neighborhood.
Federal Employers Liability Act
The Federal Employers Liability Act allows railroad workers to sue their employers in the event that they contract mesothelioma or other asbestos-related diseases because of exposure to asbestos that was not properly controlled. FELA, passed in 1908, allows railroad workers who are injured to pursue their employers without going through workers' compensation. FELA places less burden on plaintiffs in FELA cases than traditional injury claims, making it easier to win an appeal.
Asbestos is commonly used in train and railway equipment due to its low cost and its durability and flexibility. It also is a great fireproofing material and has excellent thermal insulating properties. Asbestos can be found on steam locomotives and railroad ties with their boilers. It can also be found in the engine gaskets, brake pad, locomotive components, and ceilings of passenger cars, cabooses and locomotive components. Railroad workers also were exposed to asbestos during work at roundhouses and railroad shops 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 along with lost income and emotional pain. In certain cases the family of the victim can receive wrongful death compensation in the event of the loss of a loved one.
Aside from asbestos, railroad workers are also exposed to other workplace toxins like diesel fuel creosote, diesel exhaust and welding fumes, silica sand, benzene-containing solvents and degreasers herbicides, and secondhand smoke. In the end, railway workers are more prone to developing mesothelioma than other workers.
In most cases the symptoms don't manifest themselves until several years after the initial exposure to asbestos. It is important that injured railroad workers and their family members seek legal assistance as soon as they can.
The information in this LibGuide is designed only as a research tool to Villanova Law School students and faculty, and is not legal advice. Contact an experienced lawyer who specializes in mesothelioma law to obtain more information or discuss a specific issue. Below are the contact details. If you are unable contact an attorney or trust fund, a trust account for asbestos can assist in making a claim.
State Law Claims
The United States Constitution requires that federal law trumps state law, and the Supreme Court upheld this principle in the case of Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act (LIA) preempted a railroad worker's state law claims against manufacturers of asbestos-containing rail equipment in the event of injuries, such as mesothelioma.
The victim was a welding and machinist working in a railroad company for over 30 years and throughout his working life, he was exposed to asbestos-containing brakes as well as insulation materials. After retirement, he was diagnosed with mesothelioma. He filed a lawsuit against the asbestos producers, alleging that they failed to warn him of the dangers. The lawsuit also alleged that the railroad did not provide the proper safety equipment.
While mesothelioma and asbestos-related diseases are difficult to detect A skilled lawyer can assist patients in understanding their legal rights under FELA and other compensation options. Asbestos lawyers are knowledgeable of FELA's intricacies 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 who suffered from mesothelioma could seek state law claims against asbestos-producing companies, but these claims must be filed in a state that has a high level of expertise in handling these cases. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must be able to prove that mesothelioma that the plaintiff suffers from is due to exposure to asbestos on the job.
Many railway workers were afflicted by asbestos exposure when they worked in locomotive shops, on trains and in other areas. In fact, a survey of railroad workers carried out in the 1980s found that 21% of these workers had been exposed to asbestos while at work. Asbestos is a dangerous mineral that can trigger a wide range of ailments, from fibrotic lung disease to mesothelioma and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.
Railroad employees, unlike many workers, are not able to access to the common workers' compensation found in all states. Instead, railroad employees who are suffering from occupational diseases like mesothelioma have to file a civil suit under FELA.
The FELA does not apply to all railroad companies.
FELA is a federal law that outlines the liability of railroad employers for employees who are injured or diagnosed with certain ailments. However, not all railroads are covered by the law. Railroad workers must be employed by a common carrier who operates in interstate commerce to sue under the FELA.
This means that if a worker on the railroad is exposed to asbestos while at work and develops mesothelioma or an asbestos-related illness, they may bring a lawsuit against their employer. It is crucial to remember that a railroad worker must prove that their employer was negligent.
In addition, a claimant must also prove that the asbestos-related disease was sustained because of the exposure. Newton asbestos attorney is not a way to automatically compensate a worker for mesothelioma diagnoses because mesothelioma-related symptoms are not likely to appear until decades after the initial exposure.
An attorney for mesothelioma can help in proving the connection between an injury and asbestos-related diseases. Lawyers from a mesothelioma law firm can examine a railroad employee's asbestos exposure history and determine whether they are eligible for compensation.
While asbestos has been prohibited from use in the United States, some older railway equipment still contains the toxic substance. Asbestos was used in almost all steam locomotives' fireboxes and boilers as well as their cabooses and pipes to the mid-1980s. Railroads may also have utilized asbestos for railcar insulation as well as industrial braking shoes and gaskets for diesel engines.
Asbestos exposure in the workplace is a very serious issue. Unfortunately, many railroads were aware about asbestos' dangers but failed to protect their employees. Because of asbestos exposure, thousands of railroad workers have developed asbestos-related diseases like mesothelioma.
Whatever 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 their legal rights are protected. A knowledgeable lawyer can help the client file a successful lawsuit against railroad companies that did not take the appropriate security measures to prevent asbestos-related illnesses.
The FELA does not apply to all railway workers.
Railroad workers who are diagnosed with mesothelioma, asbestosis or other diseases resulting from years of exposure to toxic substances have numerous legal options to choose from. The claim may include medical expenses, funeral expenses, and other expenses in addition to compensation for pain and discomfort. It is crucial for those who worked on the railroad to seek out experienced representation from a specialized railroad mesothelioma lawyer to ensure that their rights and remedies are protected.
It is possible to obtain a mesothelioma settlement against a former railroad firm, even if it may seem overwhelming. The person who was injured or their family members must prove that the railroad company did not fulfill its obligation to safeguard workers, by not ensuring or limiting exposure to asbestos. The asbestos-related illness has to be directly linked to the negligence. Railway workers who have been injured should consult an experienced FELA lawyer to help determine the best course of action.
FELA allows those who worked for a railroad company that crosses state lines to sue both their employer and the manufacturer of the equipment. The law applies to both those who suffer injuries on the job as well as those who suffer from occupational diseases like mesothelioma or lung cancer.
Despite the fact that FELA has improved safety in the workplace, there remain many dangers for workers. Despite the dangers, railroad companies are not free from serious misdeeds in order to maximize profits.
Asbestos is no longer employed in the manufacturing of railroad products but older ones are still exposed to this chemical. It's because it was used by nearly all steam locomotive manufacturers in their pipes and fireboxes. Asbest insulation was also used to line cabooses and boxes.
Despite the fact that the statutes of limitations for FELA cases are long, it is essential to start a lawsuit as soon as you can after the first signs of symptoms. Asbestos victims have the right to the financial compensation that they deserve and are due by the parties responsible.