Everything You Need To Learn About Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers suffering from asbestos-related diseases like mesothelioma, can seek compensation for their employers. These lawsuits fall under the Federal Employers Liability Act (FELA).
Defense lawyers try to blame the illness of a plaintiff on something other than their exposure to asbestos on the job. They could blame it on genetics, cigarettes smoking, or their home or neighborhood.
Federal Employers Liability Act (FELA)
The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they contract mesothelioma or other asbestos-related diseases due to negligent exposure. FELA, passed in 1908, allows railroad workers who are injured to sue their employers without having to go through workers compensation. FELA places the burden of proof on plaintiffs in FELA cases than in traditional injury cases and makes it easier to win the case.
Asbestos is widely used in train and railway equipment due to its low cost as well as its durability and flexibility. It also is a great fireproofing material and has excellent thermal insulating properties. Asbestos can be 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 were exposed asbestos when working in shops for railroads and roundhouses, as locomotives were being overhauled, repaired or replaced and also when traveling by bus or train between stations along the rail network.
Railroad workers who developed asbestos-related diseases typically receive large amounts of compensation for their losses. This can include medical expenses along with lost income and emotional suffering. In some instances the family of the victim can receive wrongful death compensation for the loss of their loved one.
Apart from asbestos, railroad workers are also exposed to toxins in the workplace like diesel fuel, diesel exhaust, creosote, silica sand, welding fumes, benzene-containing solvents and degreasers herbicides, and secondhand smoke. This means that railway workers are more susceptible to developing mesothelioma than other workers.
In most cases, these symptoms do not appear until some time after the worker's first exposure to asbestos. This is why it's crucial for injured railroad workers and their families to seek legal help immediately.
The information contained in this LibGuide was created solely as a research supplement to Villanova Law School students and faculty. It is not legal advice. For more information or to discuss a specific problem get in touch with an experienced mesothelioma lawyer. Here are the contact details. If you cannot contact an attorney, a trust fund for asbestos can assist in filing a claim.
State Law Claims
The United States Constitution requires that federal law trumps state law, and the Supreme Court upheld this principle in the recent case of Kurns v. Railroad Friction Products Corp. The Court ruled that the Locomotive Inspection Act (LIA) preempted a railroad worker's state law claims against manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma.
The victim, a machine operator/welder for a railroad for nearly 30 years and was exposed to asbestos brakes and insulation throughout his career. After his retirement after a while, he was discovered to be suffering from mesothelioma. He filed a lawsuit against the asbestos producers and claimed that they failed to warn him to warn of the dangers. The lawsuit also claimed that the railroad failed to provide appropriate safety equipment.
A skilled attorney can help victims determine their eligibility for FELA as well as other options for compensation. Asbestos lawyers are well-versed in the complexities of FELA and will ensure that their clients receive a fair amount of compensation for their injuries.
The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering mesothelioma might seek state law claims against asbestos manufacturers, but the claims must be filed in a state with the highest 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 plaintiff's mesothelioma is caused by exposure to asbestos on the job.
Many railway workers were exposed to asbestos while they worked on trains or in locomotive shops, as well as in other areas of the railroad system. A survey of railroad workers in the 1980s showed that 21% of them had been exposed to asbestos working. Asbestos is a toxic mineral that can cause variety of illnesses that range from fibrotic lung diseases to mesothelioma, and mesothelioma attorneys at Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.
Railroad employees, unlike most workers, don't have access the standard workers' compensation found in all states. Instead, railroad employees who suffer from occupational illnesses like mesothelioma need to make a civil claim under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is a federal statute which defines railroad employers' responsibility for workers who sustain injuries or become diagnosed with certain diseases. However there are a few railroads that are not covered by the law. San Angelo asbestos lawsuits must be employed by a common carrier that engages in interstate commerce to sue under the FELA.
If railroad workers develop mesothelioma or a different asbestos-related disease after being exposed to asbestos while working they may be able to sue their employer. It is important to note that a railroad worker must prove that their employer was negligent.
In addition, a claimant must prove that the asbestos-related disease sustained because of the exposure. A FELA claim will not automatically provide compensation to a worker with mesothelioma-related diagnosis since mesothelioma symptoms typically do not show up until a few decades after the initial exposure.
When it comes to proving the connection between an injury and the asbestos-related disease, an experienced mesothelioma lawyer can help. Lawyers from a mesothelioma company can review a railroad worker's asbestos exposure history to determine whether they qualify for compensation.
Although asbestos was prohibited from use in the United States, some older railway equipment still contains the harmful substance. For example, almost all steam trains included asbestos in their fireboxes, boilers pipes, cabooses and fireboxes up to the mid-1980s. Railroads could also have used asbestos for insulation of railcars as well as industrial braking shoes and diesel engine gaskets.
Asbestos in the workplace could be a serious problem. Sadly, many railroads were aware about asbestos' dangers but did not take the necessary precautions to protect their workers. Because of asbestos exposure, thousands of railroad workers have developed asbestos-related diseases like mesothelioma.
It is crucial that employees seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are protected. A knowledgeable lawyer can help clients file an effective lawsuit against railroad companies that did not take the appropriate precautions to prevent asbestos-related diseases.
The FELA is not applicable to all railway workers
Rail workers who are diagnosed with asbestosis or mesothelioma or other ailments that are linked to years of exposure to toxic substances, have many legal options available to them. In addition to the compensation that is available for pain and suffering, a claim can also include the cost of medical care, funeral costs and other expenses. It is crucial for those who worked on the railroad to seek out experienced representation from a specialist railroad mesothelioma attorney to ensure their rights and remedies are protected.
Although pursuing a mesothelioma lawsuit against a former railroad employer might sound difficult, it is possible to win this kind of claim. However, the person injured or his or her family members must prove that the railroad company erred in its duty to protect workers, not monitoring and/or limiting exposure to asbestos. The asbestos-related illness has to be directly linked to this lapse in care. Railway workers who are injured should consult an experienced FELA attorney to determine the most appropriate course of action.
FELA permits those who worked for a railroad company that crosses state lines to sue their employer as well as the equipment manufacturer. The law covers workers who are injured in the workplace, as well as those diagnosed with occupational diseases, such as mesothelioma or lung cancer.
Although the passage of FELA has improved safety at work but there are still a lot of hazards that are present for workers in this field. Railroad companies are not above serious misconduct in order to maximize profits, despite the dangers.
Asbestos is no longer used in the production of railroad equipment, however older ones are still exposed to this substance. It is because it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. Additionally, cabooses and boxcars were typically lined with asbestos insulation.
Despite the lengthy statute of limitations in FELA cases it is crucial to file a lawsuit immediately when symptoms start to show. Asbestos sufferers are entitled to the financial compensation that they deserve and are legally owed by the responsible parties.