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 covered under the Federal Employers' Liability Act (FELA).
Defense lawyers try to blame a plaintiff's disease on something other than their exposure to asbestos on the job. They may 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 if they develop mesothelioma or other asbestos-related diseases as a result of negligence exposure. FELA, approved in 1908, permits railroad workers 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, making it easier for workers to prevail in their cases.
Asbestos was commonly used in railroad and train equipment due to its cheap cost, durability, flexibility and fireproofing properties. Asbestos can be found in steam locomotives and railroad ties with their boilers. It can also be found in engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses, and locomotive parts. Railroad workers were also exposed to asbestos during repair work in roundhouses and shops when locomotives were overhauled or repaired, as well as while travelling between different locations on the rail network by train or bus.
Railroad workers who contract asbestos-related diseases are typically awarded substantial compensation for their losses. This can include medical costs along with lost income and emotional suffering. In some cases the family of the victim may be able to receive compensation for the loss of their loved one.
Railway workers are also exposed other toxic substances at work, such as diesel fuel, diesel exhaust fumes creosote, welding fumes, and creosote. They may also have been exposed benzene-containing degreasers and herbicides, solvents, and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as the result of these exposures.
The symptoms can be noticed years after an asbestos exposure. It is important that injured railroad workers and their families seek legal assistance as quickly as they can.
This LibGuide doesn't offer legal advice. It is designed to be a tool for research for Villanova Law School faculty and students. To find out more information or to discuss a particular matter you may contact a knowledgeable mesothelioma lawyer. Contact information is provided below. If you cannot contact an attorney or a trust fund, a trust fund for asbestos can assist in filing claims.
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. Lubbock asbestos lawsuits decided that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against the manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma.
The victim was a welder and machinist working in a railroad company for more than 30 years and throughout his working life, he was exposed to asbestos-containing brakes and insulation materials. After retiring after a while, he was discovered to be mesothelioma-positive. He sued the asbestos manufacturers for failing to inform him to warn of the dangers. The lawsuit also alleged that the railroad was not able to provide adequate safety equipment.
An experienced attorney can assist victims determine whether they qualify for FELA and other options for compensation. Asbestos lawyers are knowledgeable of the complexities of FELA and will ensure that their clients receive fair compensation for their damages.
The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma might pursue state law claims against asbestos producers, however those claims must be filed in a state with a high level of expertise in handling such cases. Additionally the lawsuits must contain allegations of improper supervision or training, and a defendant must be able to demonstrate that the mesothelioma of a plaintiff was caused by on-the-job exposures.
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. A survey of railroad workers in the 1980s revealed that 21% had been exposed to asbestos while working. Asbestos can cause a variety of ailments such as fibrotic lungs mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in helping railroad workers and families.
As opposed to most workers, railroad employees are not covered by the standard workers' compensation system found in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma have to file a civil lawsuit under FELA.
FELA Doesn't apply to All Railroad Companies
FELA is a federal statute that defines railroad employers' liability for workers who sustain injuries or become diagnosed with certain ailments. Not all railroads are covered under the law. To be able for a railroad worker to be able to sue 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 disease following exposure to asbestos during work, they can sue their employer. It is important to note, however, that a railroad worker must prove that their employer was negligent.
A claimant must also show that the asbestos-related disease was contracted as a result. A FELA claim will not automatically compensate a worker for a mesothelioma diagnosis because mesothelioma symptoms typically do not manifest until a few 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 help. Attorneys at a mesothelioma law firm can look into the asbestos exposure history of railroad workers and determine if they qualify for compensation.
While asbestos has been prohibited from use in the United States, some older railway equipment is still made of the toxic substance. Asbestos was used in almost all steam locomotives' fireboxes and boilers, as well as in their pipes and cabooses up to the mid-1980s. Additionally, railroads may have used asbestos in the railcar insulation, industrial brake shoes and diesel engine gaskets.
Exposure to asbestos in the workplace is a very serious issue. Sadly, many railroads were aware about the dangers of asbestos exposure but did not take the necessary precautions to protect their workers. As a result of asbestos exposure, a lot of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.
Whatever the Supreme Court's recent decision, it is essential for a worker to consult with an experienced asbestos lawyer to ensure that all legal rights are protected. A knowledgeable lawyer can help clients 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 employees.
Railroad workers who become diagnosed with mesothelioma or asbestosis or other illnesses resulting from years of exposure to toxic substances have many legal options available to them. In addition to the compensation offered for pain and suffering a claim can also include the cost of medical care funeral expenses, medical care and other expenses. For those who worked in the railroad industry, it is important to seek out experienced representation from a railroad mesothelioma lawyer firm to ensure that their rights and remedies will be secured.
It is possible to obtain a mesothelioma settlement against a former railroad company, even if it may appear daunting. The injured worker or their family must show that the railroad did not perform its duty to protect workers by failing to limit or monitor asbestos exposure. 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.
FELA allows those who worked for a railroad that crossed state lines to sue their employer and the manufacturer of the equipment. The law covers those who are injured at work as well as those who are diagnosed with occupational diseases, such as mesothelioma or lung cancer.
Despite the fact that FELA has improved safety in the workplace but there are still a lot of risks for workers. Despite the risks railroad companies aren't free from serious misdeeds in the pursuit of maximizing profits.
Asbestos 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 fact that the time limits for FELA cases are lengthy and lengthy, it is crucial to begin a lawsuit as quickly as possible following the first signs of symptoms. Asbestos victims should be able to get the financial compensation they require and are due by the responsible parties.