Railroad Asbestos Claims
Railroad workers who develop asbestos-related diseases, such as mesothelioma can claim compensation from their employers. These lawsuits are filed under protections of the Federal Employers Liability Act or FELA.
Defense lawyers may attempt to blame the illness of a plaintiff on anything other than occupational exposure to asbestos. They might point to genetics, cigarette 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 develop mesothelioma, or other asbestos-related illnesses due to negligence in exposure. FELA was approved in 1908 and permits injured railroad employees to sue their employers without the need to go through the workers compensation system. FELA also puts the burden of proof lower on plaintiffs than traditional injury cases, making it easier for injured workers to succeed in proving their case.
Asbestos is often employed in railway and train equipment due to its low cost, durability and flexibility. It also has excellent fireproofing and thermal insulating properties. Asbestos was present in railroad ties, steam locomotives and their engines, boilers engines, brake pads, engine gaskets, locomotive parts and other railcar parts like ceilings of cabooses and passenger cars. Railroad workers also were exposed to asbestos during repairs in roundhouses and shops when locomotives were overhauled and repaired, as well as while travelling between different locations along the rail network via train or bus.
Railroad workers who develop asbestos-related diseases typically receive significant compensation for their losses. This could include medical expenses and lost income as well as emotional pain. In some cases, the victim's family can receive wrongful death compensation in the event of the loss of a loved one.
In addition to asbestos, railroad workers have also been exposed to other workplace toxins like diesel fuel creosote, diesel exhaust silica sand, welding fumes as well as benzene-containing solvents and degreasers herbicides, and secondhand smoke. In the end, railway workers are more susceptible to developing mesothelioma than other workers.
These symptoms can often be noticed years after an asbestos exposure. This is the reason it's essential for railroad workers who have been injured and their families to seek legal help as soon as they can.
The information in this LibGuide was created to be a research aid to Villanova Law School students and faculty. It is not legal advice. Contact an experienced lawyer who specializes in mesothelioma to get more information or discuss a specific issue. Contact information is provided below. If you are unable to reach an attorney, a trust fund for asbestos can assist in making an asbestos claim.
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 declared that the Locomotive Inspection Act preempted state law claims brought by railroad workers against manufacturers of asbestos-containing equipment for injuries like mesothelioma.
The victim was a welding and machinist who worked in a railroad company for almost 30 years, and throughout his time he was exposed to asbestos-containing brakes and insulation materials. After retirement after which he was diagnosed with mesothelioma. He filed a lawsuit against asbestos manufacturers, claiming that they did not warn him about the dangers and triggered his illness. The lawsuit also claimed that the railroad did not to provide the proper safety equipment.
A knowledgeable attorney can help victims determine whether they qualify for FELA as well as other options for compensation. Asbestos attorneys are knowledgeable of the intricacies of FELA and can ensure that their clients receive a fair amount for their damages.
The Supreme Court's ruling in Kurns opened the possibility for railroad workers who have developed mesothelioma to pursue state law claims against manufacturers of asbestos. However, the claims must be filed in states that have a high level expertise in handling cases such as this. The lawsuits must also contain allegations of inadequate supervision or training. A defendant must also be able to prove that the mesothelioma of the plaintiff is caused by exposures to asbestos while working.
Many railway workers were afflicted by asbestos exposure when they worked in locomotive shops, on trains or in other areas. A survey of railroad workers in the 1980s revealed that 21% of them had been exposed to asbestos working. Asbestos is a toxic mineral that can trigger a wide range of ailments that range from fibrotic lung diseases to mesothelioma, and mesothelioma lawyers at Simmons Hanly Conroy have extensive experience helping railroad workers and their families.
Unlike most workers, railroad employees are not covered by the standard workers' compensation system, which is found in all states. Instead, railroad employees who are suffering from occupational diseases such as mesothelioma are required to file a civil lawsuit under FELA.
The FELA does not apply to all railroads
FELA is a federal statute that defines railroad employers' liability for workers who suffer injuries or are diagnosed with certain diseases. However, not all railroads are covered by the law. To be able for railroad employees to bring a lawsuit 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 another asbestos-related disease, they can sue their employer. It is crucial to remember, however, that a railroad worker must prove that their employer was negligent.
A claimant must also demonstrate that the asbestos-related illness was contracted as a result of. A FELA claim will not compensate a worker who has been diagnosed with mesothelioma as mesothelioma symptoms typically are not evident until years after exposure.
If you need to prove the connection between an injury and the asbestos-related illness, a skilled mesothelioma lawyer can aid. Attorneys from a mesothelioma firm can examine a railroad employee's asbestos exposure history to determine whether they qualify to receive compensation.
While asbestos is banned in the United States, older railway equipment could still contain the harmful substance. Asbestos was used in almost all steam locomotives' fireboxes as well as boilers as well as their cabooses and pipes 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 exposure in the workplace is a very serious matter. Sadly, many railroad companies were aware of the dangers of asbestos exposure, but failed to protect their workers. As a result of asbestos exposure, thousands of railroad workers have developed asbestos-related diseases like mesothelioma.
It is important that workers seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are protected. An experienced attorney can help a client file a successful lawsuit against a railroad company who did not take the appropriate safety measures to prevent asbestos-related illnesses.
FELA Doesn't apply to All Railway Workers
Rail workers who have been diagnosed with mesothelioma or asbestosis or other ailments which are the result of years of exposure to toxic substances, have many legal options available to them. A claim could include funeral costs, medical expenses, and other costs in addition to compensation for discomfort and pain. It is crucial for those who worked on the railroad to seek expert representation from a specialized railroad mesothelioma law firm to ensure their rights and remedies are protected.
While pursuing a mesothelioma suit against a former railroad employer might sound daunting, it is possible to succeed in this type of case. The injured worker or their family must show that the railroad company did not perform its duty to safeguard workers, by not ensuring or limiting exposure to asbestos. The asbestos-related illness must be directly related to the negligence. Injured railway workers should hire an experienced FELA lawyer to determine the best option for them.
FELA permits those who worked for a railroad that crosses state lines to sue both their employer as well as the manufacturer of the equipment. The act covers both workers who are injured on the job and those who suffer from occupational diseases like mesothelioma or lung cancer.
Despite the fact that FELA has improved safety in the workplace however, there are still many risks for workers. Despite the risks railroad companies aren't overcommitting serious violations in order to maximize profits.
Asbestos is not used anymore in the production of railroad products, but older ones are still exposed to this chemical. It is because 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 fact that statute of limitations for FELA cases are long and lengthy, it is crucial to start a lawsuit as soon as possible following the first signs of symptoms. Overland Park asbestos lawyers are entitled to the financial compensation that they are entitled to and are due by the parties responsible.