The Hidden Secrets Of Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers suffering from asbestos-related illnesses, such as mesothelioma, may be able to seek compensation from their employers. These lawsuits are filed under protections of the Federal Employers Liability Act, or FELA.
Defense lawyers may try to blame a plaintiff's disease on something other than their on-the-job 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 any other asbestos-related illness because of negligence in exposure. FELA was approved in 1908 and permits injured railroad workers to sue their employers without having to go through the workers compensation system. FELA places a lower burden on plaintiffs in FELA cases than in traditional injury cases and makes it easier to win a case.
Asbestos is commonly employed in railroad and train equipment due to its low cost, its durability and fireproofing properties. Asbestos can be found on railroad ties and steam locomotives along with boilers. It is also found in engine gaskets, brake pad, locomotive components, and ceilings of cabooses, passenger cars, and locomotive parts. Railroad workers were also exposed to asbestos during repair work at railroad shops and roundhouses when locomotives were overhauled and repaired, as well as while travelling between different locations on the rail network by bus or train.
Railroad workers who developed asbestos-related diseases are typically awarded substantial compensation for their losses. Irvine asbestos lawyers could include medical expenses along with lost income and emotional pain. In certain cases the family members of the victim may be eligible to receive wrongful death damages for the loss of a loved one.
Apart from asbestos, railway workers have also been exposed to toxins in the workplace like diesel fuel creosote, diesel exhaust and silica sand, welding fumes as well as benzene-containing solvents and degreasers, herbicides and secondhand smoke. This means that railway workers are more prone to mesothelioma development than other workers.
The symptoms can be noticed years after an asbestos exposure. It is essential that injured railroad workers and their family members seek legal assistance as soon as they can.
The information in this LibGuide is intended only as a research tool to Villanova Law School students and faculty, and does not constitute legal advice. To find out more information or to discuss a particular problem you may contact a knowledgeable mesothelioma lawyer. Below are the contact details. If you are unable to reach an attorney or an asbestos trust fund, an asbestos trust fund can assist in filing mesothelioma claims.
State Law Claims
The United States Constitution requires that federal law prevails over 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 railroad workers' state law claims against manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma.
The victim was a welder and machinist working for a railroad company for more than 30 years and throughout his time he was exposed to asbestos-containing brakes and insulation materials. After retiring after a while, he was discovered to have mesothelioma. He filed a lawsuit against the asbestos producers, claiming that they did not warn him of the dangers, which led to his illness. The lawsuit also claimed that the railroad failed to provide the proper safety equipment.
Although mesothelioma and other asbestos-related illnesses are extremely difficult to diagnose An experienced attorney can help victims understand their rights under FELA and other compensation options. Asbestos lawyers are familiar with the complexities of FELA and can make sure that their clients receive fair compensation for their losses.
The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering from mesothelioma could seek state law claims against asbestos producers, however these claims must be filed in a state with a high level of expertise in handling these cases. In addition the lawsuits must contain allegations of inadequate supervision or training, and a defendant must be able to prove that a plaintiff's mesothelioma was caused by exposure to asbestos at work.
Many railway workers were exposed to asbestos while they worked on trains, in locomotive shops and in other areas of the railroad system. In fact, a survey of railroad workers carried out in the 1980s revealed that 21% of these workers were likely to have been exposed to asbestos at work. Asbestos is a deadly mineral that can cause diverse range of ailments that range from fibrotic lung diseases to mesothelioma, and the mesothelioma lawyers at Simmons Hanly Conroy have extensive experience helping railroad workers and their families.
Railroad employees, unlike other workers, are not able to access the standard workers' compensation found in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma have to file a civil suit under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is an act of the federal government that defines the liability of railroad employers for employees who are injured or are diagnosed with certain diseases. However there are a few railroads that are not covered by the law. A railroad worker must be employed by a common carrier that operates in interstate commerce to be able to sue under the FELA.
If railroad workers develop mesothelioma or a different asbestos-related disease following exposure to asbestos while working they may sue their employer. It is crucial to remember, however, that a railroad worker has to demonstrate that their employer's negligence was the cause.
A claimant must also show that the asbestos-related illness was contracted as a result. A FELA claim cannot compensate a worker who has been diagnosed with mesothelioma as mesothelioma symptoms typically don't manifest until decades after exposure.
An attorney for mesothelioma can help in proving the connection between an injury and asbestos-related illnesses. Lawyers from mesothelioma law firms can look into the asbestos exposure history of a railroad worker and determine if they are eligible for compensation.
Although asbestos has been banned from use in the United States, some older railway equipment still contains the toxic substance. Asbestos was present in nearly all steam locomotives' fireboxes, boilers as well as their cabooses and pipes up to the mid-1980s. Railroads could also have used asbestos for 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 asbestos' dangers but did not take the necessary precautions to ensure their employees were protected. In the end thousands of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.
Regardless of the Supreme Court's recent ruling, it is essential for a worker to consult with an experienced asbestos lawyer to ensure that their legal rights are protected. An experienced attorney can assist a client in filing an effective lawsuit against a railroad firm that did not take the appropriate precautions to avoid asbestos-related illnesses.
FELA Doesn't apply to All Railway Workers
Railroad workers who are diagnosed with mesothelioma, asbestosis or other diseases resulting from years of exposure to toxic substances have numerous legal options available to them. In addition to the compensation available for pain and suffering an action may also cover the cost of medical care, funeral costs and other expenses. It is important for those who worked on the railroad to seek expert representation from a specialist railroad mesothelioma law firm to ensure that their rights and remedies are safeguarded.
It is possible to win a mesothelioma claim against a former railroad corporation, even if it may seem daunting. The person who has been injured or their family must show that the railroad failed to do its duty to safeguard workers, by not ensuring or limiting exposure to asbestos. This negligence must be directly connected to the asbestos-related illness. Railway workers who are injured should consult an experienced FELA attorney to determine the best course of action.
FELA allows employees who worked for a railroad that crosses state lines to sue both their employer and the manufacturer of the equipment. The law covers employees who suffer injuries at work and those who suffer from occupational diseases such as mesothelioma and lung cancer.
Although the passage of FELA has increased workplace safety but there are still a lot of dangers that exist for workers in this industry. Despite the dangers railroad companies aren't above committing serious misconduct in order to maximize profits.
Asbestos is no longer used in the manufacture of railroad products but older ones still are exposed to the substance. 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 statutes of limitations for FELA cases are long and often a long time, it is vital to start a lawsuit as soon as you can after the beginning of symptoms. Asbestos sufferers deserve the financial compensation they require and are due by the responsible parties.