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Railroad Asbestos Claims
Railroad workers who suffer from asbestos-related illnesses, such as 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 a plaintiff's disease on something other than their occupational exposure to asbestos. They might blame it on genetics, cigarettes smoking or their home and neighborhood.
Federal Employers Liability Act
The Federal Employers Liability Act allows railroad employees to sue their employers if they develop mesothelioma, or other asbestos-related diseases because of negligence in exposure. FELA was approved in 1908 and permits injured railroad workers to sue their employer without the need to undergo the workers' compensation system. FELA puts the burden of proof on plaintiffs in FELA cases than in traditional injury cases and makes it easier to win the case.
Asbestos is commonly used in railroad and train equipment due to its low cost, its durability, fireproofing and thermal insulation properties. Asbestos was present in railroad ties, steam locomotives and their engines, boilers, engine gaskets, brake pads, locomotive parts and other railcar parts like ceilings of cabooses as well as passenger cars. Railroad workers also were exposed to asbestos during repair work at roundhouses and railroad shops when locomotives were overhauled or repaired and also when travelling between different locations along the rail network via train or bus.
Railroad workers who contract asbestos-related diseases typically receive significant compensation for their losses. This can include medical costs along with lost income and emotional pain. In some cases families of victims can receive wrongful death compensation in the event of the loss of a loved one.
Railway workers are also exposed to other harmful substances while in their work environment, such as diesel fuel, exhaust fumes from diesel engines creosote, welding fumes and creosote. They may also have been exposed benzene-containing degreasers and herbicides, solvents and secondhand smoke. In the end, railroad workers are more susceptible to mesothelioma forming than other workers.
Most of the time, these symptoms do not show up until a few several years after the initial exposure to asbestos. It is essential that injured railroad workers and their family members seek legal assistance as soon as they can.
This LibGuide is not a source of legal advice. It is intended to be a tool for research for Villanova Law School faculty and students. To obtain additional information or to discuss a specific issue you may contact a knowledgeable mesothelioma lawyer. Here are the contact information. 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 prevails over state law. The Supreme Court upheld this principle in the case of Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against asbestos-containing manufacturers of rail equipment in the event of injuries, such as mesothelioma.
The victim was a welder and machine operator who worked for a railroad company for more than 30 years and throughout his career he was exposed to asbestos-containing brakes as well as insulation materials. After retirement, he was found to be suffering from mesothelioma. He filed a lawsuit against asbestos manufacturers, claiming they did not warn him about the dangers and triggered his illness. The lawsuit also claimed that the railroad did not to provide adequate safety equipment.
An experienced attorney can assist victims determine if they are eligible for FELA and other options for compensation. Asbestos attorneys are familiar with the complexities of FELA and can ensure that their clients receive a fair amount of compensation for their losses.
The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering mesothelioma might pursue state law claims against asbestos producers, however the claims must be filed in a state that has the highest level of expertise in handling such cases. Additionally the lawsuits should contain allegations of improper supervision or training, and a defendant must prove that a plaintiff's mesothelioma was caused by exposure to asbestos at work.
Many railway workers were exposed to asbestos while they worked on trains as well as in locomotive shops and in other areas of the railroad system. In fact, a survey of railroad workers carried out in the 1980s indicated that 21% of these workers had likely been exposed to asbestos at work. Asbestos can trigger a range of diseases, including fibrotic lungs mesothelioma and lung cancer. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in helping railroad workers and families.
Railroad employees, unlike other workers, do not have access to the common workers' compensation coverage that is found in all states. Instead, railroad employees who suffer from occupational diseases like mesothelioma have to file a civil lawsuit under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is a federal law which defines railroad employers' liability for employees who suffer injuries or are diagnosed with certain diseases. However it is not the case that 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 railroad workers develop mesothelioma or a different asbestos-related disease following exposure to asbestos during work they may be able to sue their employer. It is important to keep in mind that a railroad worker must prove their employer was negligent.
A claimant must also demonstrate that the asbestos-related illness contracted as a result. A FELA claim is not a way to automatically pay a worker compensation for mesothelioma diagnoses because mesothelioma symptoms typically do not manifest until a long time after the initial exposure.
An attorney for mesothelioma can help in proving the link between an injury and asbestos-related ailments. Lawyers at a mesothelioma law firm can look into the asbestos exposure history of railroad workers and determine whether or not they qualify for compensation.
Although asbestos was prohibited from use in the United States, some older railway equipment still contains the toxic material. For instance, the majority of steam trains had asbestos in their boilers, fireboxes, pipes and cabooses until the mid-1980s. In addition, railroads might have used asbestos in railcar insulation, industrial brake shoes, and gaskets for diesel engines.
Asbestos in the workplace could be a serious problem. Unfortunately, many railroads were aware about the dangers of asbestos exposure but failed to protect their workers. As a result of asbestos exposure, thousands railroad workers have been diagnosed with asbestos-related illnesses such as mesothelioma.
Whatever 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 their legal rights are protected. A skilled lawyer can assist a client bring an effective lawsuit against railroad companies who didn't take the proper precautions to avoid asbestos-related illnesses.
asbestos claim after death Doesn't apply to All Railway Workers
Railroad workers who are diagnosed with mesothelioma, asbestosis, or other illnesses linked to 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 treatment, funeral costs and other expenses. It is important for those who worked on the railway to seek expert representation from a dedicated railroad mesothelioma law firm in order to better ensure their rights and remedies are protected.
While pursuing a mesothelioma lawsuit against a former railroad employer may sound intimidating, it is feasible to prevail in this type of claim. The person who was injured or their family members must demonstrate that the railroad failed to do its duty to protect workers, by not ensuring or limiting exposure to asbestos. The asbestos-related illness must be directly related to this negligence. Railway workers who are injured should seek an experienced FELA lawyer to help determine the best course of action.
People who worked for a railroad that operates across state lines can sue their employer and the equipment manufacturer under FELA. The law covers workers who are injured at work and those who suffer from occupational diseases such as mesothelioma and lung cancer.
Despite the fact that FELA has increased safety at work, there remain many dangers for workers. Railroad companies are not above serious misconduct to maximize profits, despite the dangers.
Asbestos is no longer employed in the manufacturing of railroad products, but older ones still are exposed to the substance. This is due to the fact that nearly all 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 statute of limitations for FELA cases are long and lengthy, it is crucial to start a lawsuit as soon as possible after the first signs of symptoms. Asbestos sufferers are entitled to the financial compensation that they are due and due by the parties responsible.