Railroad Asbestos Claims
Railroad workers who develop asbestos-related diseases, such as mesothelioma, can claim compensation from their employers. These lawsuits fall under the Federal Employers Liability Act (FELA).
Defense lawyers will try to blame the plaintiff's health issues on anything other than their asbestos exposure at work. They may blame smoking cigarettes, genetics or the environment and home of the plaintiff.
Federal Employers Liability Act
The Federal Employers Liability Act allows railroad employees to sue their employers if they suffer from mesothelioma or other asbestos-related illnesses as a result negligence in exposure. FELA was approved in 1908 and permits injured railroad workers to sue their employer without needing to go through the workers compensation system. FELA puts a lower burden on plaintiffs in FELA cases than traditional injury cases which makes it easier for them to win an appeal.
Asbestos is commonly employed in railroad and train equipment due to its cheap cost, its durability as well as its fireproofing and thermal insulation properties. Asbestos can be found on steam locomotives and railroad ties along with boilers. It is also present in brake gaskets, engine gaskets pad, locomotive parts and ceilings of passenger cars, cabooses, and locomotive parts. Railroad workers also had exposure to asbestos during repair work at railroad shops and roundhouses when locomotives were overhauled and repaired, as well as while traveling between locations along the rail network via bus or train.
Railroad workers who contract asbestos-related diseases are typically awarded significant compensation for their losses. This could include medical expenses as well as lost income and emotional pain. In some instances the family of the victim may be able to receive compensation in the event of the loss of a loved one.
Aside from asbestos, railway workers have also been exposed to other workplace toxins like diesel fuel, diesel exhaust, creosote and silica sand, welding fumes as well as benzene-containing degreasers and solvents and secondhand smoke. In the end, railway workers are more susceptible to mesothelioma forming than other workers.
Most of the time, these symptoms do not appear until some time after the worker's first exposure to asbestos. This is the reason it's essential for railroad workers who have been injured and their families to seek legal help as soon as possible.
This LibGuide does not provide legal advice. It is intended to serve as a research tool for Villanova Law School faculty and students. To find out more information or to discuss a specific issue, please contact an experienced mesothelioma attorney. Contact information is provided below. If you are unable to reach an attorney or a trust fund, a trust fund for asbestos may be able to assist you in making an asbestos claim.
State Law Claims
The United States Constitution requires that federal law overrules state law. The Supreme Court upheld this principle in the case of Kurns v. Railroad Friction Products Corp. The Court ruled 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 welding and machinist working for a railroad company for over 30 years and throughout his time he was exposed to asbestos-containing brakes and insulation materials. After his retirement, he was found to be mesothelioma-positive. He brought a lawsuit against asbestos manufacturers, claiming that they did not warn him of the dangers and triggered the illness. The lawsuit also claimed that the railroad did not to provide the proper safety equipment.
While mesothelioma, asbestos-related illnesses are extremely difficult to detect A skilled attorney can help victims understand their eligibility for FELA and other compensation options. Asbestos attorneys are knowledgeable of the intricacies of FELA and can make sure that their clients receive a fair amount for their damages.
The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma might seek state law claims against asbestos manufacturers, but the claims must be filed in a state with an expert level in handling these cases. The lawsuits must also contain allegations of inadequate supervision or training. The defendant must be able prove that the plaintiff's mesothelioma is caused by exposures to asbestos while working.
Many railway workers were affected by asbestos exposure as they worked in locomotive shops, on trains and in other areas. In fact, a study of railroad workers carried out in the 1980s found that 21% of these workers were likely to have been exposed to asbestos at work. Asbestos is a dangerous mineral that can trigger a variety of illnesses that range from fibrotic lung diseases to mesothelioma, and mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers and their families.
Railroad employees, unlike most workers, are not able to access to the standard workers' compensation found in all states. Instead, railroad workers who suffer from occupational illnesses like mesothelioma have to file a civil lawsuit under FELA.
The FELA is not applicable to all railroad companies.
Fishers asbestos lawsuit is a federal law that defines the liability of railroad companies for employees who are injured or diagnosed with certain diseases. Some railroads are not covered by the law. In order for railroad workers to sue under FELA it must be employed by a company that is a common carrier engaged in interstate commerce.
This means that if a worker on the railroad is exposed to asbestos while at work and develops mesothelioma or an asbestos-related disease, they can sue their employer. It is crucial to remember that a railroad worker must prove that their employer was negligent.
In addition, a claimant must prove that the asbestos-related illness was sustained due to the exposure. A FELA claim is not a way to automatically provide compensation to a worker with mesothelioma-related diagnosis since mesothelioma-related symptoms are not likely to appear until a few decades after the initial exposure.
A mesothelioma attorney can assist in proving the link between an injury and asbestos-related diseases. Lawyers from a mesothelioma company can review a railroad worker's asbestos exposure history and determine whether they qualify to receive compensation.
Although asbestos is banned in the United States, older railway equipment may still contain the hazardous material. Asbestos was used in almost all steam locomotives' fireboxes as well as boilers, as well as in their pipes and cabooses up to the mid-1980s. In addition, railroads might have used asbestos in the railcar insulation, industrial brake shoes, and diesel engine gaskets.
Asbestos in the workplace can be a serious issue. Sadly, many railroads were aware about asbestos's dangers but did not ensure their employees were protected. In the end thousands of railroad employees have suffered from asbestos-related illnesses like mesothelioma.
It is essential that workers consult an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are secured. A knowledgeable lawyer can assist a client in filing a successful lawsuit against a railroad company that did not take proper precautions to prevent asbestos-related illnesses.
FELA Doesn't apply to All Railway Workers
Rail workers who are diagnosed with asbestosis or mesothelioma or other diseases that are a result of years of exposure toxic substances, have a variety of legal options available to them. In addition to the compensation that is available for pain and suffering, claims can also cover the cost of medical treatment funeral costs, as well as other expenses. For those who worked in the railroad industry, it is crucial to seek expert representation by a mesothelioma attorney from a railroad firm to ensure that their rights and remedies will be secured.
While pursuing a mesothelioma suit against a former railroad employer might sound daunting, it is possible to win this kind of claim. However, the person injured or their family members must prove that the railroad company was negligent in its duty to protect workers, failing to monitor and/or limit exposure to asbestos. The asbestos-related disease must be directly linked to this lapse in care. Railway workers who are injured should seek an experienced FELA lawyer to determine the best method of action.
Those who were employed by an operator of a railroad operating across state lines are able to sue their employer and the equipment manufacturer, under FELA. The law applies to both workers who are injured on the job and those diagnosed with occupational diseases such as mesothelioma and lung cancer.
While the passing of FELA has increased workplace safety however, there are many hazards that are present for workers in this industry. Despite the risks railroad companies aren't free from serious misdeeds in order to maximize profits.
Asbestos is no longer used in the manufacture of railroad products, but older ones still are exposed to this substance. This is because almost all steam train manufacturers used it in their fireboxes and pipes as well as boilers. Boxcars and cabooses were often lined with asbestos insulation.
Despite the long period of limitations in FELA cases, it is important to file a lawsuit when symptoms begin to manifest. Asbestos sufferers deserve the financial compensation they need and are due by the parties responsible.