Railroad Asbestos Claims
Railroad workers who suffer from asbestos-related illnesses, such as mesothelioma can be able to seek compensation from their employers. These lawsuits are covered under the Federal Employers Liability Act (FELA).
Defense lawyers will try and blame the plaintiff's illness on anything but the asbestos exposure they experienced on the job. They can blame genetics, smoking cigarettes or the environment and home of the plaintiff.
Federal Employers Liability Act (FELA)
The Federal Employers Liability Act allows railroad employees to sue their employers in the event that they suffer from mesothelioma or any other asbestos-related illness because of exposure to asbestos that was not properly controlled. FELA was adopted in 1908, permits railroad workers who are injured to sue their employers without going through workers' compensation. FELA also places the burden of proof lower on plaintiffs than traditional injury cases, which makes it easier for workers to win their case.
Asbestos was often used in railroad and train equipment due to its low cost, durability, flexibility, fireproofing and thermal insulation properties. Asbestos was used in railroad connections, steam locomotives and their boilers engines, engine gaskets, brake pads locomotive parts, and other railcar parts like ceilings of cabooses as well as passenger cars. Railroad workers were exposed 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.
Railroad workers who contract asbestos-related diseases typically receive significant compensation for their losses. This could include medical expenses along with lost income and emotional pain. In some cases, the victim's family may be able to receive compensation in the event of the loss of a loved one.
Aside from asbestos, railway workers are also exposed to other workplace toxins, including diesel fuel, diesel exhaust, creosote, silica sand, welding fumes as well as benzene-containing solvents and degreasers and secondhand smoke. As a result, railway workers are more prone to developing mesothelioma than other workers.
Often, these symptoms do not show up until a few several years after the initial exposure to asbestos. It is crucial that railroad workers who have been injured and their family members seek legal help as soon as they can.
This LibGuide doesn't offer legal advice. It is intended to be a research tool for Villanova Law School faculty and students. To obtain additional information or to discuss a specific problem you may contact a knowledgeable mesothelioma attorney. Below are the contact details. If you are unable contact an attorney, an asbestos trust fund can help you file a mesothelioma claim.
State Law Claims
The United States Constitution mandates that federal law prevails over state law. The Supreme Court confirmed this principle in its most recent case, Kurns v. Railroad Friction Products Corp. The Court ruled that the Locomotive Inspection Act (LIA) preempted a railroad worker's state law claims against asbestos-containing manufacturers of rail equipment for injuries like mesothelioma.
The victim was a welder and machinist who worked for a railroad company for almost 30 years, and throughout his time he was exposed to asbestos-containing brakes and insulation materials. After retiring the following year, he was diagnosed to be suffering from mesothelioma. He filed a lawsuit against asbestos manufacturers, alleging that they failed him to warn of the dangers. The lawsuit also claimed the railroad failed in providing appropriate safety equipment.
An experienced attorney can assist victims determine their eligibility for FELA as well as other options for compensation. Asbestos attorneys are knowledgeable of the complexities of FELA and can make sure that their clients receive fair compensation for their injuries.
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. In addition the lawsuits should contain allegations of negligent supervision or training and the defendant must be able to prove that a plaintiff's mesothelioma was caused by on-the-job exposures.
Many railway workers were affected by asbestos exposure while they worked in locomotive shops, on trains or in other areas. In fact, a study of railroad employees conducted in the 1980s indicated that 21% of the workers were likely to have been exposed to asbestos at work. Asbestos can trigger a range of illnesses 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 most workers, do not have access to the standard workers' compensation that is available in all states. Instead, railroad employees who suffer from occupational diseases like mesothelioma need to bring a civil lawsuit under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is a federal law that defines railroad employers' responsibility for employees who suffer injuries or become diagnosed with certain ailments. There are San Marcos asbestos attorneys that are covered by the law. Railroad workers must be employed by a common carrier that is involved in interstate commerce to sue under the FELA.
This means that if a railroad worker is exposed to asbestos in the workplace and develops mesothelioma or another asbestos-related illness, they can bring a lawsuit against their employer. However, it is crucial to remember that the plaintiff must prove that their employer was negligent in their workplace exposure.
In addition, a claimant must also show that the asbestos-related disease was sustained due to the exposure. A FELA claim will not automatically compensate a worker for mesothelioma diagnoses because mesothelioma symptoms usually do not appear until a few decades after the initial exposure.
An attorney for mesothelioma can help in proving the link between an injury and asbestos-related ailments. Attorneys at mesothelioma law firms will review the asbestos exposure history of a railroad worker and determine if they are eligible for compensation.
Although asbestos was banned in the United States, some older railway equipment is still made of the harmful substance. For instance, nearly all steam trains had asbestos in their fireboxes, boilers, pipes and cabooses until the mid-1980s. Railroads may also have utilized asbestos to make railcar insulation and industrial braking shoes and diesel engine gaskets.
Asbestos exposure in the workplace can be a serious problem. Unfortunately, many railroads were aware about the dangers of asbestos exposure but did not take the necessary precautions to protect their workers. Due to asbestos exposure, thousands railroad workers have developed asbestos-related diseases such as mesothelioma.
It is important that workers consult an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are protected. An experienced attorney can assist a client to file a successful lawsuit against a railroad firm that did not take the appropriate safety measures to prevent asbestos-related illnesses.
FELA Does Not Apply to All Railway Workers
Rail workers who are diagnosed with mesothelioma or asbestosis or other ailments that are a result of years of exposure toxic substances, have numerous legal options at their disposal. 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 out experienced representation from a dedicated railroad mesothelioma attorney to ensure that their rights and remedies are protected.
While pursuing a mesothelioma lawsuit against a former railroad employer might seem daunting, it is possible to succeed in this type of case. The person who was injured or their family must show that the railroad company did not fulfill its obligation to protect workers, by failing to monitor or limit asbestos exposure. This negligence must be directly connected to the asbestos-related disease. Injury railway workers should consult with 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 may sue their employer, as well as the equipment manufacturer, under FELA. The act covers both workers who are injured at work and those diagnosed with occupational diseases like mesothelioma or lung cancer.
Despite the fact that FELA has improved safety in the workplace but there are still a lot of risks for workers. Railroad companies are not immune to serious misconduct in order to maximize profits, despite the risks.
Asbestos is no longer used in the production of railroad equipment, however older ones still are exposed to this chemical. This is due to the fact that it was used by almost all steam locomotive manufacturers in their fireboxes and pipes. 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 you can after the beginning of symptoms. Asbestos victims should be able to get the financial compensation they require and are owed by the responsible parties.