Railroad Asbestos Claims
Railroad workers who contract asbestos-related illnesses, like mesothelioma, may be able to seek compensation from their employers. These lawsuits are covered under the Federal Employers Liability Act (FELA).
Defense lawyers will attempt to blame the plaintiff's health issues on anything other than their asbestos exposure during their work. They could blame genetics, smoking cigarettes or the environment and home of the plaintiff.
Federal Employers Liability Act
The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they develop mesothelioma, or other asbestos-related illnesses, as a result of negligence exposure. FELA was approved in 1908 and permits injured railroad workers to sue their employers without needing to go through the workers' compensation system. FELA places less burden on plaintiffs in FELA cases than traditional injury claims, making it easier to win a case.
Asbestos is often used in railway and train equipment because of its low cost, durability and flexibility. It also is a great fireproofing material and has excellent thermal insulation properties. Asbestos is found in steam locomotives and railroad ties and boilers. It can also be found in the engine gaskets, brake pad, locomotive parts, and ceilings of cabooses, passenger cars and locomotive parts. Railroad workers also had exposure to asbestos during repairs at railroad shops and roundhouses when locomotives were overhauled or repaired and also when traveling between places along the rail network via bus or train.
Rail workers who develop asbestos-related illnesses receive a substantial amount of compensation. This could include medical expenses along with lost income and emotional suffering. In some cases, a victim's family may be eligible to receive wrongful death damages for the loss of a loved one.
Railway workers also are exposed to other toxic substances at work, including diesel fuel, exhaust fumes from diesel engines creosote, welding fumes, and creosote. They may also have been exposed to benzene-containing degreasers, herbicides, solvents and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as a result of these exposures.
Often the signs and symptoms don't show up until a few several years after the initial exposure to asbestos. This is why it's crucial for injured railroad workers and their families to seek legal help as soon as they can.
This LibGuide doesn't offer legal advice. It is intended to be a research tool for Villanova Law School faculty and students. To find out more information or to discuss a specific problem you may contact a knowledgeable mesothelioma lawyer. Below are the contact details. If you are unable to get in touch with an attorney, an asbestos trust fund can assist with filing mesothelioma claims.
State Law Claims
The United States Constitution requires that federal law prevails over 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 preempted state law claims by railroad workers against manufacturers of asbestos-containing equipment in case of injuries like mesothelioma.
The victim was a welding and machinist working for a railroad company for over 30 years and throughout his career he was exposed to asbestos-containing brakes and insulation materials. After retiring the following year, he was diagnosed to be suffering from mesothelioma. He filed a lawsuit against asbestos producers, claiming that they did not warn him about the dangers and triggered his illness. The lawsuit also claimed that the railroad failed to provide adequate safety equipment.
A skilled attorney can help victims determine their eligibility for FELA and other compensation options. Asbestos attorneys are familiar with the complexities of FELA and can ensure that their clients receive fair amount of compensation for their losses.
The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered from mesothelioma could make claims under state law against asbestos producers, however those 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 the mesothelioma of the plaintiff is caused by exposures on the job.
Many railway workers were afflicted by asbestos exposure while they worked in locomotive shops, on trains or in other areas. A survey of railroad workers in the 1980s revealed that 21% had been exposed to asbestos while working. Asbestos is a cause of a variety of illnesses such as fibrotic lungs mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in helping railroad workers and families.
Railroad employees, unlike most workers, are not able to access to the standard workers' compensation that is available in all states. Instead, railroad employees who suffer from occupational illnesses such as mesothelioma have to file a civil suit under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is an act of the federal government that defines the responsibility of railroad employers for employees who are injured or diagnosed with certain illnesses. However there are a few railroads that are not covered by the law. To be able for railroad workers to sue under FELA, they must be employed by a company that is a common carrier in interstate commerce.
This means that if a railroad worker is exposed to asbestos at work and develops mesothelioma or an asbestos-related disease, they can file a lawsuit against their employer. However, it is important to note that the plaintiff must prove that their employer was negligent in their workplace exposure.
Additionally, a claimant must prove that the asbestos-related disease was sustained because of the exposure. A FELA claim is not a way to pay a worker who has been diagnosed with mesothelioma because mesothelioma-related symptoms usually do not appear until decades after exposure.
If you need to prove the connection between an injury and asbestos-related disease, an experienced mesothelioma lawyer can assist. Attorneys at mesothelioma law firms can review the history of exposure to asbestos of railroad workers and determine if they are entitled to compensation.
Although asbestos is prohibited in the United States, older railway equipment could still contain the hazardous material. For Aurora asbestos lawyers , the majority of steam trains had asbestos in their fireboxes, boilers pipes, cabooses and fireboxes up to the mid-1980s. Railroads could also have used asbestos for railcar insulation and industrial braking shoes and gaskets for diesel engines.
Asbestos in the workplace could be a serious concern. Unfortunately, many railroad companies knew about the risks of asbestos exposure and did not take steps to protect their employees. As a result thousands of railroad workers have been affected by asbestos-related diseases such as mesothelioma.
It is crucial that employees consult an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are protected. A skilled lawyer can assist the client file an effective 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 workers
Railroad workers who become diagnosed with mesothelioma, asbestosis or other illnesses resulting from years of exposure to toxic substances have numerous legal options to choose from. In addition to the compensation that is available for pain and suffering, claims can also cover the cost of medical expenses 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 legal rights and remedies are protected.
While pursuing a mesothelioma lawsuit against a former railroad company might seem intimidating, it is feasible to prevail in this type of case. However, the injured worker or his or her family members must prove that the railroad company was negligent in its obligation to protect workers by not monitoring and/or limiting asbestos exposures. This negligence has to be directly related to the asbestos-related illness. Injured railway workers should hire an experienced FELA lawyer to determine the best course of action.
FELA permits those who worked for a railroad that crossed state lines to sue both their employer and the manufacturer of the equipment. The act covers those who suffer injuries at work, as well as those who are diagnosed with occupational diseases such as mesothelioma or lung cancer.
While the passing of FELA has increased workplace safety however, there are many dangers that exist for workers in this industry. Railroad companies are not above serious misconduct in order to maximize profits, despite the dangers.
Asbestos is no longer utilized in the manufacturing of railroad equipment, but older ones are still exposed to this substance. This is because almost all steam train manufacturers used asbestos in their fireboxes, pipes and boilers. In addition, boxcars and cabooses were often lined with asbestos insulation.
Despite the long period of limitations in FELA cases, it is important to file a lawsuit as soon as symptoms appear. Asbestos victims are entitled to the financial compensation that they are due and legally owed by the responsible parties.