15 Things You Don't Know About Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers who suffer from asbestos-related illnesses, like mesothelioma can claim compensation from their employers. These lawsuits are covered under the Federal Employers Liability Act (FELA).
Defense lawyers attempt to blame a plaintiff's disease on anything other than their occupational exposure to asbestos. They might refer to genetics, smoking cigarettes smoking, or even their home and neighborhood.
Federal Employers Liability Act
The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers when they develop mesothelioma or any other asbestos-related disease as a result of negligence exposure. FELA, approved in 1908, permits railroad workers who are injured to sue their employers without having to go through workers compensation. FELA places less burden on plaintiffs in FELA cases than in traditional injury claims which makes it easier for them to win a case.
Asbestos is often employed in railway and train equipment due to its low cost as well as its durability and flexibility. It also has excellent thermal and fireproofing insulating properties. Overland Park asbestos attorney can be found on steam locomotives and railroad ties and boilers. It can also be found in engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive parts. Railroad workers also had exposure to asbestos during repairs at railroad shops and roundhouses when locomotives were overhauled and repaired, as well as while travelling between different locations on the rail network by train or bus.
Railroad workers who develop asbestos-related diseases are typically awarded significant compensation for their losses. This could include medical expenses along with lost income and emotional pain. In some cases families of victims could receive compensation for wrongful death for the loss of their loved one.
In addition to asbestos, railroad workers are also exposed to toxins in the workplace like diesel fuel, diesel exhaust, creosote, silica sand, welding fumes as well as benzene-containing solvents and degreasers, herbicides and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as a result of these exposures.
Most of the time, these symptoms do not manifest themselves until years after the worker's initial exposure to asbestos. It is essential that injured railroad workers and their families seek legal assistance as quickly as they can.
The information in this LibGuide is designed solely as a research supplement to Villanova Law School students and faculty. It is not legal advice. To find out more information or to discuss a particular matter you may contact a knowledgeable mesothelioma lawyer. Contact information is provided below. If you cannot contact an attorney, a trust fund for asbestos can help with filing a claim.
State Law Claims
The United States Constitution mandates that federal law preempts state law. The Supreme Court confirmed this principle in its most recent case, Kurns v. Railroad Friction Products Corp. The Court ruled the Locomotive Inspection Act preempted state law claims brought by railroad workers against the manufacturers of asbestos-containing equipment to treat mesothelioma-related injuries.
The victim was a welding and machinist working in a railroad company for almost 30 years, and throughout his time he was exposed to asbestos-containing brakes as well as insulation materials. After retiring the following year, he was diagnosed to have mesothelioma. He filed a lawsuit against the asbestos producers, claiming that they did not warn him of the dangers, which led to the disease. The lawsuit also claimed that the railroad did not to provide the proper safety equipment.
Although mesothelioma and other asbestos-related diseases are difficult to identify A skilled attorney can help victims understand their legal rights under FELA and other compensation options. Asbestos attorneys are knowledgeable of the intricacies 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 who suffered from mesothelioma could seek state law claims against asbestos-producing companies, but those 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 improper supervision or training and the defendant must be able to demonstrate that the mesothelioma of a plaintiff was the result of exposure to asbestos on the job.
Many railway workers were exposed to asbestos when they worked on trains as well as in locomotive shops and in other areas of the railroad system. In fact, a study of railroad workers conducted in the 1980s indicated that 21% of these workers had likely been exposed to asbestos at work. Asbestos can cause a variety of ailments such as fibrotic lungs mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in helping railroad workers and families.
Railroad employees, unlike many workers, are not able to access to the common workers' compensation found in all states. Instead, railroad employees who suffer from occupational diseases such as mesothelioma are required to file a civil lawsuit under FELA.
FELA Doesn't apply to All Railroad Companies
FELA is a federal law that defines the liability of railroad employers for employees who are injured or diagnosed with certain diseases. Some railroads are not covered under the law. To be able for railroad employees to be able to sue under FELA it must be employed by a company that is a common carrier in interstate commerce.
If a railroad worker is diagnosed with mesothelioma or another asbestos-related disease after being exposed to asbestos while at work, they can sue their employer. It is important to note that a worker must prove that their employer was negligent in their workplace exposure.
A claimant must also prove that the asbestos-related illness was contracted as a result. A FELA claim will not pay compensation to a worker who's been diagnosed with mesothelioma as the symptoms of mesothelioma usually don't manifest until decades after initial exposure.
If you need to prove the connection between an injury and the asbestos-related illness, a skilled mesothelioma lawyer can assist. Lawyers from a mesothelioma law firm can examine a railroad employee's asbestos exposure history to determine if they are eligible for compensation.
Although asbestos is banned in the United States, older railway equipment may still contain toxic material. Asbestos was used in almost all steam locomotives' fireboxes, boilers, as well as in their pipes and cabooses up to the mid-1980s. Additionally, railroads may have used asbestos in railcar insulation, industrial brake shoes and gaskets for diesel engines.
Asbestos in the workplace could be a serious issue. Sadly, many railroads were aware about asbestos' dangers but did not protect their workers. In the end thousands of railroad workers have been diagnosed with asbestos-related illnesses such as mesothelioma.
Whatever the Supreme Court's recent decision, it is essential for workers to speak with an experienced asbestos lawyer to ensure that their legal rights are secured. A knowledgeable lawyer can help the client file an effective lawsuit against railroad companies that failed to take the proper security measures to prevent asbestos-related illnesses.
The FELA is not applicable to all railway workers.
Rail workers who have been diagnosed with asbestosis or mesothelioma or other diseases that are a result of years of exposure to toxic substances, have many legal options at their disposal. In addition to the compensation that is available for pain and suffering, claims can also cover the cost of medical expenses funeral costs, as well as other expenses. For those who worked in the railroad industry, it is essential to seek experienced representation by a mesothelioma attorney from a railroad firm to ensure that their legal rights and remedies will be secured.
While pursuing a mesothelioma lawsuit against a former railroad company might sound difficult, it is possible to prevail in this type of claim. However, the person injured or their family members must prove that railroad company erred in its duties to safeguard workers by not ensuring that it was able to limit and monitor exposure to asbestos. This negligence must be directly connected to the asbestos-related disease. Railway workers who suffer injuries should consult with an experienced FELA attorney to determine the most appropriate course of action.
Employees of railroads that operate across state lines can sue their employer and also the manufacturer of the equipment under FELA. The law applies to both those who suffer injuries on the job as well as those who suffer from occupational diseases like mesothelioma or lung cancer.
Despite the fact that FELA has improved safety in the workplace, there remain many dangers for workers. Despite the dangers, railroad companies are not free from serious misdeeds in order to maximize profits.
Asbestos is no longer employed in the manufacturing of railroad products but older ones still are exposed to this chemical. This is due to the fact that nearly all steam railroad manufacturers used it in their fireboxes, pipes and boilers. Asbest insulation was also used to line cabooses and boxes.
Despite the fact that the time limits for FELA cases are long and often a long time, it is vital to start a lawsuit as soon as you can after the onset of symptoms. Asbestos sufferers deserve the financial compensation they deserve and are due by the responsible parties.