Railroad Asbestos Claims
Railroad workers who suffer from asbestos-related diseases, like 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 attempt to blame the plaintiff's illness on anything but their exposure to asbestos during their work. They may blame smoking cigarettes, genetics or the environment and home of the plaintiff.
Federal Employers Liability Act
The Federal Employers Liability Act allows railroad employees to sue their employers in the event that they develop mesothelioma, or other asbestos-related diseases because of negligence in exposure. FELA was passed in 1908, allows railroad workers injured to sue their employers without having to go through workers' compensation. FELA also places a lower burden of proof on plaintiffs than traditional injury cases, which makes it easier for injured workers to prevail in their cases.
Asbestos is widely used in train and railway equipment due to its low cost as well as its durability and flexibility. It also is a great fireproofing material and has excellent thermal insulation properties. Asbestos can be found in steam locomotives and railroad ties with their boilers. It can also be found in the engine gaskets, brake pad, locomotive parts and ceilings of cabooses, passenger cars and locomotive components. Railroad workers were exposed to asbestos while working in shops for railroads and roundhouses when locomotives were overhauled or repaired and also when traveling by bus or train between stations along the rail network.
Rail workers who suffer from asbestos-related diseases receive substantial compensation. This could include medical expenses, lost income and emotional suffering. In some cases the family members of the victim may be eligible to receive compensation for the loss of a loved one.
In addition to asbestos, railway workers are also exposed to other workplace toxins, including diesel fuel creosote, diesel exhaust, silica sand, welding fumes, benzene-containing solvents and degreasers, herbicides and secondhand smoke. This means that railway workers are more prone to mesothelioma forming than other workers.
The symptoms can manifest years after an asbestos exposure. It is essential that railroad workers injured and their families seek legal assistance as quickly as they can.
The information contained in this LibGuide was created to be a research aid to Villanova Law School students and faculty. It does not constitute legal advice. Please contact an experienced attorney who specializes in mesothelioma law to obtain more information or discuss a specific matter. Contact information is listed below. If you are unable to reach an attorney or trust fund, a trust account for asbestos can help with making 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 decision, Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma.
The victim was a welder and machinist working for a railroad firm for over 30 years and throughout his time he was exposed to asbestos-containing brakes as well as insulation materials. After retirement the following year, he was diagnosed to be suffering from mesothelioma. He sued the asbestos manufacturers for failing to inform him to warn of the dangers. The lawsuit also claimed that the railroad was not able to provide adequate safety equipment.
While mesothelioma, asbestos-related illnesses are extremely difficult to identify An experienced attorney can help victims understand their legal rights under FELA and other compensation options. Asbestos lawyers are well-versed in FELA's intricacies and can ensure that their clients receive a fair amount of compensation for their injuries.
The Supreme Court's ruling in Kurns opened the possibility for railroad workers who develop mesothelioma to file state law claims against the manufacturers of asbestos. However, claims must be filed in states with the highest level of experience in handling cases like this. In addition, the lawsuits must include allegations of inadequate supervision or training and the defendant must be able to prove that a plaintiff's mesothelioma was the result of exposure to asbestos on the job.
Many railway workers were affected by asbestos exposure when they worked in locomotive shops, on trains, and in other areas. In fact, a study of railroad employees conducted in the 1980s revealed that 21% of the workers were likely to have been exposed to asbestos at work. Asbestos is a cause of a variety of diseases such as fibrotic lungs disease and mesothelioma. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in assisting railroad workers and their families.
Railroad employees, unlike most workers, do not have access to the common workers' compensation that is available in all states. Instead, railroad employees who suffer from occupational illnesses such as mesothelioma have to make a civil claim under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is an act of the federal government that defines the liability of railroad employers for employees who are injured or diagnosed with certain ailments. Not all railroads are covered by the law. A railroad worker must be employed by a common carrier who is involved in interstate commerce in order to sue under the FELA.
If a railroad worker develops mesothelioma or a different asbestos-related disease after being exposed to asbestos during work they may be able to sue their employer. However, it is crucial to remember that the plaintiff must prove that their employer was negligent in their workplace exposure.
A claimant must also prove that the asbestos-related disease was contracted as a result. A FELA claim is not a way to automatically compensate a worker for mesothelioma diagnoses because mesothelioma symptoms usually do not manifest until a few decades after the initial exposure.
A mesothelioma attorney can assist in proving the connection between an injury and asbestos-related illnesses. Lawyers from mesothelioma law firms can look into the history of exposure to asbestos 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 the hazardous material. For instance, the majority of steam trains used asbestos in their boilers, fireboxes, pipes and cabooses until the mid-1980s. Railroads could also have used asbestos to make railcar insulation as well as industrial braking shoes and diesel engine gaskets.
Asbestos in the workplace could be a serious issue. Sadly, many railroads knew about the risks of asbestos exposure but did not protect their workers. Due to asbestos exposure, thousands of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.
In spite 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 their legal rights are secured. An experienced lawyer can help clients file a successful lawsuit against railroad companies that failed to take the proper safety measures in order to prevent asbestos-related illnesses.
The FELA is not applicable to all railway employees.
Rail workers who are diagnosed with asbestosis or mesothelioma or other diseases that are linked to years of exposure to toxic substances, have numerous legal options at their disposal. In addition to the compensation that is available for pain and suffering, a claim can also include the cost of medical treatment, funeral costs and 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 legal rights and remedies will be secured.
Although pursuing a mesothelioma lawsuit against a former railroad employer might sound daunting, it is possible to succeed in this type of case. However, the injured worker or their family members must prove that railroad company was negligent in its duties to protect workers, failing to monitor and/or limit asbestos exposures. Rancho Cucamonga asbestos lawsuits -related illness has to be directly related to the negligence. Injury railway workers should consult an experienced FELA attorney to determine the best course of action.
Employees of an operator of a railroad operating across state lines are able to sue their employer and also the equipment manufacturer under FELA. The act covers both workers who are injured on the job and those who are diagnosed with occupational diseases like mesothelioma or lung cancer.
While the passing of FELA has improved safety at work but there are still a lot of hazards that are present for workers in this field. Railroad companies aren't immune to serious misconduct to maximize profits, despite the risks.
Asbestos is no longer utilized in the production of railroad equipment, but older ones are still exposed to this substance. This is because the majority of steam train manufacturers used it in their fireboxes and pipes as well as boilers. Asbest insulation was also used to line cabooses and boxes.
Despite the fact that statutes of limitations for FELA cases are long and often a long time, it is vital to file a lawsuit as soon as possible following the onset of symptoms. Asbestos victims should be able to get the financial compensation they deserve and are owed by the responsible parties.