Railroad Asbestos Claims
Railroad workers suffering from asbestos-related illnesses, like mesothelioma, can claim compensation from their employers. These lawsuits are filed under the protections of the Federal Employers Liability Act, or FELA.
Defense lawyers may attempt to blame a plaintiff's disease on anything other than their occupational exposure to asbestos. They may blame smoking cigarettes, genetics or the environment and home of the plaintiff.
Federal Employers Liability Act
The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers when they develop mesothelioma, or other asbestos-related illnesses, as a result of negligent exposure. FELA was passed in 1908 and allows injured railroad workers to sue their employer without needing to go through the workers' compensation system. FELA also puts an easier burden of proof on plaintiffs than traditional injury cases, making it easier for workers to succeed in proving their case.
Asbestos was commonly used in train and railroad equipment due to its low cost, durability, fireproofing and thermal insulation properties. Asbestos is found in steam locomotives and railroad ties with their boilers. Port St. Lucie asbestos attorney is also found in the engine gaskets, brake pad, locomotive components, and ceilings of cabooses, passenger cars and locomotive components. Railroad workers were exposed to asbestos while working in shops for railroads and roundhouses, as locomotives were being overhauled, repaired or replaced as well as while travelling by train or bus between stations along the rail network.
Railroad workers who developed asbestos-related diseases typically receive substantial compensation for their losses. This could include medical expenses along with lost income and emotional pain. In some instances, a victim's family could be eligible to receive compensation for the loss of a loved one.
Aside from asbestos, railroad workers are also exposed to other workplace toxins, including diesel fuel creosote, diesel exhaust and welding fumes, silica sand as well as benzene-containing degreasers and solvents and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as the result of these exposures.
The symptoms can be noticed years after an asbestos exposure. This is why it's crucial for railroad workers who have been injured and their families to seek legal help as soon as possible.
The information contained in this LibGuide is designed only as a research tool to Villanova Law School students and faculty, and is not legal advice. To find out more information or to discuss a specific problem get in touch with 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 can help with making an asbestos 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 decided 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, a welder/machinist 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 asbestos manufacturers, claiming they did not warn him of the dangers, which led to the illness. The lawsuit also claimed that the railroad did not to provide adequate safety equipment.
Although mesothelioma and other asbestos-related diseases are difficult to diagnose An experienced lawyer can assist patients in understanding their rights under 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 losses.
The Supreme Court's ruling in Kurns opened the door for railroad workers who develop mesothelioma, to pursue state law claims against manufacturers of asbestos. However, the claims must be filed in states that have an expert level of expertise in handling cases like this. 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 when they worked on trains or in locomotive shops, as well as in other areas of the railroad system. In fact, a study of railroad employees conducted in the 1980s found that 21% of those workers had likely been exposed to asbestos while at work. Asbestos is a dangerous mineral that can trigger a wide range of ailments including fibrotic lung disease to mesothelioma, and the mesothelioma lawyers from Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.
Railroad employees, unlike most workers, don't have access to the common workers' compensation that is available in all states. Instead, railroad employees who are suffering from occupational diseases like mesothelioma must bring a civil lawsuit under FELA.
The FELA does not apply to all railroad companies
FELA is a federal law that outlines the liability of railroad companies for employees who are injured or are diagnosed with certain diseases. However it is not the case that all railroads are covered by the law. A railroad worker must be employed by a common carrier who engages in interstate commerce in order to sue under the FELA.
This means that if a railroad worker is exposed to asbestos at work and develops mesothelioma or an asbestos-related disease, they can file a lawsuit against their employer. It is important to note that a plaintiff must prove that their employer was negligent in their workplace exposure.
Additionally, a claimant must prove that the asbestos-related disease sustained as a result of that exposure. A FELA claim will not automatically compensate a worker for mesothelioma-related diagnosis since mesothelioma symptoms typically do not appear until a few decades after the initial exposure.
An attorney for mesothelioma can help in proving the connection between an injury and asbestos-related diseases. Attorneys from a mesothelioma firm can examine a railroad employee's asbestos exposure history and determine whether they are eligible for compensation.
Although asbestos is banned in the United States, older railway equipment may still contain harmful substance. For instance, nearly all steam trains had asbestos in their boilers, fireboxes, pipes and cabooses until the mid-1980s. Railroads could also have used asbestos for railcar insulation as well as industrial braking shoes and diesel engine gaskets.
Asbestos in the workplace could be a serious issue. Unfortunately, many railroads knew about asbestos's dangers but did not take the necessary precautions to protect their workers. Due to asbestos exposure, a lot of railroad workers have been diagnosed with asbestos-related illnesses such as mesothelioma.
In spite of the Supreme Court's recent ruling, it is important for a worker to consult with an experienced asbestos lawyer to ensure that all legal rights are secured. A knowledgeable attorney can help a client file an effective lawsuit against a railroad company who didn't take the proper safety measures to prevent asbestos-related diseases.
The FELA is not applicable to all railway workers.
Rail workers who have been diagnosed with mesothelioma or asbestosis or other diseases which are the result of long-term exposure to toxic substances, have many legal options available to them. In addition to the compensation offered for pain and suffering a claim can also include the cost of medical care, funeral costs and other expenses. For those who worked in the railroad industry, it's crucial to seek expert representation from a mesothelioma lawyer for railroads firm to ensure that their legal rights and remedies will be protected.
While pursuing a mesothelioma suit against a former railroad employer may sound intimidating, it is feasible to prevail in this type of case. However, the injured worker or his or her 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 asbestos exposures. The asbestos-related illness must be directly connected to this negligence. Railway workers who are injured should seek an experienced FELA lawyer to assist in determining the best course of action.
Those who were employed by a railroad that operates across state lines may sue their employer and also the manufacturer of the equipment, under FELA. The law covers those who are injured at work and those diagnosed with occupational illnesses such as lung cancer and mesothelioma.
Despite the fact that FELA has improved safety in the workplace, there remain many dangers for workers. Railroad companies are not above serious misconduct in order to maximize profits, despite the risks.
Asbestos no longer is employed in the manufacturing of railroad products, but older ones are still exposed to the substance. This is due to the fact that nearly all steam train manufacturers used it in their fireboxes, pipes and boilers. In addition, boxcars and cabooses were often lined with asbestos insulation.
Despite the fact that statutes of limitations for FELA cases are lengthy and lengthy, it is crucial to begin a lawsuit as quickly as you can after the onset of symptoms. Asbestos victims have the right to the financial compensation that they are entitled to and are owed by those responsible.