Railroad Asbestos Claims
Railroad workers who develop asbestos-related illnesses, such as mesothelioma, may seek compensation from their employers. These lawsuits are filed under the protections of the Federal Employers Liability Act, or FELA.
Defense lawyers will try to blame the plaintiff's illness on anything but their asbestos exposure during their work. They could refer to genetics, smoking cigarettes smoking, or even their home and neighborhood.
Federal Employers Liability Act
The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from mesothelioma or other asbestos-related illnesses because of negligence in exposure. FELA was adopted in 1908 and allows injured railroad workers to sue their employer without having to undergo the workers compensation system. FELA places the burden of proof on plaintiffs in FELA cases than traditional injury claims, making it easier to win an appeal.
Asbestos is widely used in railway and train equipment due to its low cost, durability and flexibility. It also is a great fireproofing material and has excellent thermal insulating properties. Asbestos was used in railroad ties, steam locomotives and their engines, boilers engines, engine gaskets, brake pads, locomotive parts and other railcar components such as ceilings of cabooses and passenger cars. Railroad workers were exposed to asbestos while working in the shops of railroads and roundhouses, when locomotives were being overhauled or repaired and also when travelling by train or bus between locations along the rail network.
Rail workers who contract asbestos-related illnesses are compensated for a large amount. This could include medical expenses, lost income, and emotional suffering. In some instances families of victims may be able to receive compensation for the loss of their loved one.
Apart from asbestos, railroad workers are also exposed to toxins in the workplace like diesel fuel creosote, diesel exhaust and welding fumes, silica sand as well as benzene-containing degreasers and solvents and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as the result of these exposures.
The symptoms can appear years after asbestos exposure. This is the reason it's essential for railroad workers injured and their families to seek legal help as soon as they can.
The information contained in this LibGuide was created to be a research aid to Villanova Law School students and faculty members, and is not legal advice. Contact an experienced lawyer who is specialized in mesothelioma, to get more information or discuss a specific issue. Contact information is given below. If you are unable to reach an attorney or a trust fund for asbestos, an asbestos trust can help you file 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 recent case of Kurns v. Railroad Friction Products Corp. The Court declared that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against manufacturers of asbestos-containing rail equipment for injuries like mesothelioma.
The victim, who worked as a welder/machinist for a railroad for nearly 30 years and was exposed to asbestos brakes and insulation throughout his career. After his retirement, his mesothelioma was discovered. He filed a lawsuit against asbestos manufacturers and claimed that they failed to warn him to warn of the risks. The lawsuit also alleged that the railroad failed in providing appropriate safety equipment.
A skilled attorney can help victims determine whether they qualify for FELA as well as other compensation options. Asbestos lawyers are well-versed in the complexities of FELA and can 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 seek state law claims against asbestos-producing companies, but these claims must be filed in a state that has the highest level of expertise in handling such cases. In addition the lawsuits should contain allegations of improper supervision or training and the defendant must show that mesothelioma suffered by a plaintiff was caused by exposure to asbestos at work.
Many railway workers were afflicted by asbestos exposure when they worked in locomotive shops, on trains, and in other areas. A survey of railroad workers in the 1980s showed that 21% had been exposed to asbestos working. Asbestos is a toxic mineral that can trigger a diverse range of ailments including fibrotic lung disease to mesothelioma, and mesothelioma lawyers from Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.
In contrast to other workers, railroad workers are not covered by the standard workers' compensation system, which is found in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma must file a civil suit under FELA.
The FELA does not apply to all railroads
FELA is a federal law that outlines railroad employers' liability to employees who suffer injuries or are diagnosed with certain ailments. Not all railroads are covered by the law. To be able for railroad employees to be able to sue under FELA it must be employed by a company that is a common carrier that operates in interstate commerce.
If a railroad worker develops mesothelioma or another asbestos-related illness after being exposed to asbestos during work they may be able to sue their employer. However, it is important to note that a worker 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 cannot pay a worker who has been diagnosed with mesothelioma as mesothelioma symptoms typically don't manifest until decades after exposure.
When it comes to proving the connection between an injury and the asbestos-related disease, an experienced mesothelioma lawyer can aid. Lawyers from mesothelioma law firms can look into the history of exposure to asbestos of railroad workers and determine if they are eligible for compensation.
Although asbestos is banned in the United States, older railway equipment may still contain toxic material. For instance, nearly all steam trains used asbestos in their fireboxes, boilers, pipes and cabooses until the mid-1980s. Railroads could also have used asbestos for insulation of railcars as well as industrial braking shoes and diesel engine gaskets.
Asbestos exposure in the workplace can be a serious problem. Sadly, many railroad companies were aware of the dangers of asbestos exposure, but did not protect their workers. As a result thousands of railroad employees have suffered from asbestos-related illnesses 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 knowledgeable lawyer can assist a client to file a successful lawsuit against a railroad company who did not take the appropriate safety measures to prevent asbestos-related illnesses.
The FELA does not apply to all railway workers.
Rail workers who are diagnosed with mesothelioma, asbestosis or other ailments that are a result of long-term exposure to toxic substances, have many legal options available to them. A claim can include funeral costs, medical costs, and other expenses in addition to compensation for pain and discomfort. It is essential for those who worked on the railway to seek experienced representation from a dedicated railroad mesothelioma lawyer in order to better ensure their legal rights and remedies are secured.
It is possible to obtain a mesothelioma settlement against a former railroad company even though it might appear daunting. The injured worker or their family must show that the railroad failed to do its duty to safeguard workers, by failing to limit or monitor exposure to asbestos. The asbestos-related illness must be directly connected to this lapse in care. Railway workers who are injured should consult an experienced FELA attorney to determine the most appropriate course of action.
Those who were employed by an operator of a railroad operating across state lines are able to sue their employer, as well as the equipment manufacturer, under FELA. The law applies to both employees who suffer injuries on the job and those who are diagnosed with occupational diseases such as mesothelioma and lung cancer.
While the passage of FELA has increased safety in the workplace, there are still numerous dangers for employees in this industry. Despite the dangers 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 are still exposed to this chemical. Stockton asbestos attorney is due to the fact that it was used by nearly all steam locomotive manufacturers in their fireboxes and pipes. Asbest insulation was also used to line cabooses and boxes.
Despite the lengthy statute of limitations in FELA cases it is crucial to file a lawsuit as soon as symptoms appear. Asbestos sufferers are entitled to the financial compensation that they are due and owed by those responsible.