Railroad Asbestos Claims
Railroad workers suffering from asbestos-related diseases such as mesothelioma, may be able to seek compensation from their employers. These lawsuits are filed under the protections of the Federal Employers Liability Act, or FELA.
Defense lawyers may try to blame a plaintiff's illness on anything other than their on-the-job exposure to asbestos. They might refer to genetics, smoking 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 as a result negligence in exposure. FELA was adopted in 1908 and allows injured railroad employees to sue their employers without needing to go through the workers' compensation system. FELA places the burden of proof on plaintiffs in FELA cases than traditional injury claims, making it easier to win the case.
Asbestos was often used in train and railroad equipment due to its low cost, durability as well as its fireproofing and thermal insulation properties. Asbestos can be found on steam locomotives and railroad ties with their boilers. It is also found in the engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive components. Railroad workers were exposed asbestos when working in the shops of railroads and roundhouses when locomotives were overhauled or repaired and also when traveling by bus or train between various locations on the rail network.
Rail workers who contract asbestos-related illnesses receive a substantial amount of compensation. This can include medical bills and lost income as well as emotional suffering. In certain cases, the victim's family may be able to receive compensation for the loss of their loved one.
In addition to asbestos, railroad workers are also exposed to other workplace toxins like diesel fuel, diesel exhaust, creosote and silica sand, welding fumes as well as benzene-containing degreasers and solvents herbicides, and secondhand smoke. This means that railway workers are more susceptible to developing mesothelioma than other workers.
These symptoms can often appear years after asbestos exposure. This is the reason it's essential for injured railroad workers and their families to seek legal help immediately.
This LibGuide is not a source of legal advice. It is designed to be a research tool for Villanova Law School faculty and students. Contact an experienced lawyer who is specialized in mesothelioma, to get more information or discuss a specific issue. Below are the contact details. If you cannot contact an attorney or a trust fund, a trust fund for asbestos can assist in filing a claim.
State Law Claims
The United States Constitution mandates that federal law prevails over state law. The Supreme Court confirmed this principle in its most recent case, Kurns v. Railroad Friction Products Corp. The Court ruled the Locomotive Inspection Act preempted state law claims by railroad workers against manufacturers of asbestos-containing equipment for injuries like mesothelioma.
The victim, a welder/machinist for a railroad for nearly 30 years, was exposed to asbestos brakes and insulation throughout his time. After his retirement and diagnosis, he was diagnosed with mesothelioma. He filed a lawsuit against the asbestos producers for failing to inform to warn him about the dangers. Olathe asbestos lawyer claimed that the railroad did not to provide appropriate safety equipment.
An experienced attorney can assist victims determine their eligibility for FELA as well as other compensation options. Asbestos attorneys are knowledgeable of the intricacies of FELA and can make sure that their clients receive fair compensation for their damages.
The Supreme Court's ruling in Kurns allowed railroad workers who have developed mesothelioma to file state law claims against manufacturers of asbestos. However, these claims must be filed in states with the highest level of expertise in handling cases like this. The lawsuits must also contain allegations of insufficient supervision or inadequate training. A defendant must be able prove that the mesothelioma that the plaintiff suffers from is due to exposure to asbestos on the job.
Many railway workers were exposed to asbestos when they worked on trains as well as in locomotive shops and in other areas of the railroad system. A survey of railroad workers in the 1980s showed that 21% had been exposed to asbestos at work. Asbestos is a dangerous mineral that can cause a variety of illnesses including fibrotic lung disease to mesothelioma and the mesothelioma lawyers from Simmons Hanly Conroy have extensive experience helping railroad workers and their families.
As opposed to most workers, railroad workers do not have access to the standard workers' compensation system that is available in all states. Instead, railroad employees who suffer from occupational illnesses such as mesothelioma are required to file a civil suit under FELA.
FELA Doesn't apply to All Railroad Companies
FELA is a federal law that outlines railroad employers' liability for workers who sustain injuries or become diagnosed with certain diseases. Not all railroads are covered by the law. In order for a railroad worker to bring a lawsuit under FELA it must be employed by a company that is a common carrier in interstate commerce.
If a railroad worker develops mesothelioma or a different asbestos-related illness after being exposed to asbestos while working they may be able to sue their employer. It is crucial to remember that the plaintiff must demonstrate that their employer was negligent in their exposure to asbestos 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 provide compensation to a worker with a mesothelioma diagnosis because mesothelioma symptoms usually do not show up until decades after the initial exposure.
When it comes to proving the connection between an injury and the asbestos-related disease, an experienced mesothelioma lawyer can assist. Lawyers from a mesothelioma company will review a railroad worker's asbestos exposure history to determine if they are eligible for compensation.
Although asbestos was banned in the United States, some older railway equipment still has the toxic substance. For instance, the majority of steam trains used asbestos in their fireboxes, boilers and cabooses up to the mid-1980s. In addition, railroads might have used asbestos in railcar insulation, industrial brake shoes, and diesel engine gaskets.
Asbestos exposure in the workplace is a very dangerous issue. Unfortunately, many railroad companies knew about the risks of asbestos exposure, but failed to protect their workers. Because of asbestos exposure, thousands of railroad workers have been diagnosed with asbestos-related illnesses such as mesothelioma.
Regardless of the Supreme Court's recent ruling regardless of the Supreme Court's recent ruling, it is crucial for workers to speak with an experienced asbestos lawyer to ensure that all legal rights are protected. A knowledgeable lawyer can help clients file an effective lawsuit against railroad companies who did not take the appropriate safety measures in order to prevent asbestos-related illnesses.
FELA Does Not Apply to All Railway Workers
Rail workers who have been diagnosed with mesothelioma, asbestosis or other diseases which are the result of years of exposure toxic substances, have a variety of legal options available to them. In addition to the compensation that is available for pain and suffering, an action may also cover the cost of medical expenses funeral costs, as well as other expenses. For those who worked in the railroad industry, it's crucial to seek expert representation from a mesothelioma lawyer for railroads firm to ensure that their rights and remedies will be secured.
While pursuing a mesothelioma suit against a former railroad company may sound intimidating, it is feasible to win this kind of lawsuit. The injured worker or their family members must demonstrate that the railroad did not fulfill its obligation to protect workers by failing to monitor or limit exposure to asbestos. 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 allows employees who worked for a railroad that crossed state lines to sue their employer as well as the manufacturer of the equipment. The law covers employees who suffer injuries at work and those who are diagnosed with occupational diseases like mesothelioma or lung cancer.
While the passage of FELA has improved safety at work, there are still numerous dangers for employees in this industry. Despite the dangers railroad companies aren't overcommitting serious violations in order to maximize profits.
Asbestos is no longer used in the production of railroad products but older ones still are exposed to this substance. 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 lengthy statute of limitations in FELA cases, it is important to file a lawsuit when symptoms begin to manifest. Asbestos victims should be able to get the financial compensation they require and are due by the parties responsible.