Railroad Asbestos Claims
Railroad workers who develop asbestos-related diseases, such as mesothelioma, can 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 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 illnesses, as a result of negligence exposure. FELA, adopted in 1908, permits railroad workers injured to sue their employers without having to go through workers compensation. FELA places a lower burden on plaintiffs in FELA cases than in traditional injury cases and makes it easier to win an appeal.
Asbestos is commonly used in train and railway equipment due to its low cost as well as its durability and flexibility. It also has excellent thermal and fireproofing insulating properties. Asbestos was used in railroad ties, steam locomotives and their engines, boilers as well as brake pads, engine gaskets, locomotive parts and other railcar components like ceilings of cabooses and passenger cars. Railroad workers were exposed to asbestos when working in railroad shops and roundhouses, as locomotives were being overhauled or repaired and also when traveling by bus or train between locations along the rail network.
Railroad workers who developed asbestos-related illnesses are usually awarded large amounts of compensation for their losses. This can include medical expenses, lost income, and emotional pain. In some instances, the victim's family could receive compensation for wrongful death in the event of the loss of a loved one.
Railway workers also are exposed to other toxic substances at work, including diesel fuel, diesel exhaust fumes creosote, welding fumes, and creosote. They may have also been exposed benzene-containing degreasers and herbicides, solvents, and secondhand smoke. As a result, railroad workers are more susceptible to mesothelioma development than other workers.
These symptoms can often be noticed years after an asbestos exposure. This is why it's crucial for railroad workers who have been injured and their families to seek legal help as soon as they can.
This LibGuide does not provide legal advice. It is designed to serve as a research tool for Villanova Law School faculty and students. Contact an experienced attorney who specializes in mesothelioma to obtain more information or discuss a specific matter. Here are the contact information. If you are unable contact an attorney, an asbestos trust fund can assist with filing mesothelioma lawsuits.
State Law Claims
The United States Constitution mandates that federal law prevails over state law. The Supreme Court confirmed this principle in its recent case, Kurns v. Railroad Friction Products Corp. Boynton Beach asbestos lawsuit ruled that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against the manufacturers of asbestos-containing rail equipment for injuries like mesothelioma.
The victim, a welder/machinist working for a railroad for over 30 years and was exposed to asbestos brakes and insulation throughout his career. After his retirement after which the mesothelioma diagnosis was confirmed. He sued the asbestos manufacturers for failing to inform him to warn of the dangers. The lawsuit also alleged that the railroad failed in providing appropriate safety equipment.
Although mesothelioma and other asbestos-related illnesses are extremely difficult to identify An experienced lawyer can assist victims in understanding 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 compensation for their damages.
The Supreme Court's ruling in Kurns allowed railroad workers who develop mesothelioma to pursue state law claims against the makers of asbestos. However, the claims must be filed in states that have an expert level of experience in handling cases like this. In addition, the lawsuits must include allegations of improper supervision or training, and a defendant must 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 as well as in locomotive shops and in other areas of the railroad system. In fact, a study of railroad workers conducted in the 1980s found that 21% of those workers had been exposed to asbestos at work. Asbestos can cause a variety of ailments 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 many workers, do not have access to the common workers' compensation that is available in all states. Instead, railroad workers who are suffering from occupational diseases such as mesothelioma are obliged to file a civil lawsuit under FELA.
The FELA is not applicable to all railroad companies.
FELA is a federal law that outlines the responsibility of railroad employers for employees who are injured or diagnosed with certain illnesses. Not all railroads are covered by the law. To be railroad workers to bring a lawsuit under FELA it must be employed by a firm that is a common carrier engaged in interstate commerce.
This means that if a railway worker is exposed to asbestos at work and develops mesothelioma or another asbestos-related illness, they may sue their employer. However, it is crucial to remember that the plaintiff must demonstrate that their employer was negligent in their workplace exposure.
In addition, a claimant must also prove that the asbestos-related disease was sustained as a result of that exposure. A FELA claim is not a way to automatically pay a worker compensation for mesothelioma-related diagnosis since mesothelioma-related symptoms are not likely to show up until a long time after the initial exposure.
If you need to prove the connection between an injury and the asbestos-related disease, an experienced mesothelioma lawyer can assist. Lawyers from a mesothelioma law firm will review a railroad worker's asbestos exposure history to determine whether they qualify to receive compensation.
While asbestos is banned in the United States, older railway equipment may still contain the hazardous material. Asbestos was used in nearly all steam locomotives' fireboxes as well as boilers, as well as in their cabooses and pipes up until the mid-1980s. Railroads could also have used asbestos to make railcar insulation and industrial braking shoes and diesel engine gaskets.
Exposure to asbestos in the workplace is a very serious issue. Unfortunately, many railroads were aware about the dangers of asbestos exposure but did not take the necessary precautions to protect their employees. In the end thousands of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.
It is crucial that employees seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are protected. A knowledgeable lawyer can help a client bring a successful lawsuit against railroad companies that didn't take the proper security measures to prevent asbestos-related illnesses.
FELA Doesn't apply to All Railway Workers
Rail workers who have been diagnosed with asbestosis or mesothelioma, or other illnesses that are a result of years of exposure to toxic substances, have a variety of legal options at their disposal. In addition to the compensation available for pain and suffering an action may also cover the cost of medical expenses funeral expenses, medical care and other expenses. For those who worked in the railroad industry, it's essential to seek experienced representation from a mesothelioma lawyer for railroads firm to ensure that their legal rights and remedies will be secured.
It is possible to prevail in a mesothelioma lawsuit against a former railroad company, even though it may seem overwhelming. The person who has been injured or their family members must demonstrate that the railroad failed to do its duty to protect 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 best course.
FELA permits those who worked for a railroad that crosses state lines to sue both their employer and the equipment manufacturer. The act covers both employees who suffer injuries at work and those diagnosed with occupational diseases like mesothelioma or lung cancer.
Despite the fact that FELA has increased safety at work, there remain many dangers for workers. Railroad companies are not immune to serious misconduct to increase profits, despite the risks.
Asbestos no longer is used in the production of railroad products, but older ones still are exposed to this substance. This is because the majority of steam train manufacturers used it in their fireboxes, pipes and boilers. Asbest insulation was also used to line cabooses and boxes.
Despite the fact that time limits for FELA cases are lengthy, it is essential to begin a lawsuit as quickly as possible following the onset of symptoms. Asbestos victims are entitled to the financial compensation that they are due and due by the parties responsible.