15 Things You've Never Known About Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers suffering from asbestos-related diseases such as mesothelioma can seek compensation for their employers. These lawsuits are covered under the Federal Employers' Liability Act (FELA).
Defense lawyers will attempt to blame the plaintiff's illness on anything other than the asbestos exposure they experienced during their work. They may blame smoking cigarettes, genetics or the environment and home of the plaintiff.
Federal Employers Liability Act (FELA)
The Federal Employers Liability Act allows railroad workers to sue their employers in the event that they contract mesothelioma or any other asbestos-related illness because of exposure to asbestos that was not properly controlled. FELA was approved in 1908, permits railroad workers injured to pursue their employers without going through workers' compensation. FELA places less burden on plaintiffs in FELA cases than in traditional injury cases which makes it easier for them to win a case.
Asbestos was often used in train and railroad equipment due to its low cost, durability, flexibility as well as its fireproofing and thermal insulation properties. Asbestos can be found on steam locomotives and railroad ties and boilers. It can also be found 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 repairs at railroad shops and roundhouses when locomotives were being overhauled and repaired and also when traveling between locations on the rail system by bus or train.
Rail workers who contract asbestos-related illnesses receive a substantial amount of compensation. This can include medical expenses along with lost income and emotional suffering. In certain cases the family of the victim may be able to receive compensation in the event of the loss of a loved one.
Railway workers are also exposed other harmful substances while at work, including diesel fuel, exhaust fumes from diesel engines creosote, welding fumes, and creosote. They may also have been exposed to benzene-containing cleaners, herbicides, solvents and secondhand smoke. In the end, railroad workers are more susceptible to developing mesothelioma than other workers.
Most of the time the signs and symptoms don't appear until some time after the worker's first exposure to asbestos. This is why it's important for railroad workers injured and their families to seek legal help immediately.
This LibGuide does not provide legal advice. It is intended to be a tool for research for Villanova Law School faculty and students. To find out more information or to discuss a particular problem get in touch with an experienced mesothelioma attorney. Contact information is provided below. If you cannot contact an attorney or a trust fund, a trust fund for asbestos may be able to assist you in filing an asbestos claim.
State Law Claims
The United States Constitution requires that federal law trumps state law. The Supreme Court upheld this principle in the recent case of Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act preempted state law claims by railroad workers against manufacturers of asbestos-containing equipment in case of injuries like mesothelioma.
The victim was a welding and machinist working in a railroad company for more than 30 years and throughout his career he was exposed to asbestos-containing brakes and insulation materials. After retiring, he was found to have mesothelioma. He filed a lawsuit against the asbestos producers and claimed that they failed to warn to warn him about the risks. The lawsuit also claimed that the railroad did not provide the proper safety equipment.
Although mesothelioma and other asbestos-related diseases are difficult to diagnose A skilled lawyer can assist victims in understanding their rights under FELA and other compensation options. Asbestos attorneys are knowledgeable of the complexities of FELA and can ensure that their clients receive fair compensation for their losses.
The Supreme Court's ruling in Kurns opened the possibility for railroad workers who develop mesothelioma to pursue state law claims against the makers of asbestos. However, the claims must be filed in states with an expert level of expertise in handling cases such as this. In addition the lawsuits should contain allegations of negligent supervision or training and the defendant must show that mesothelioma suffered by a plaintiff was caused by exposure to asbestos at work.
Many railway workers were exposed to asbestos while they worked on trains or in locomotive shops, as well as in other areas of the railroad system. A survey of railroad workers in the 1980s revealed that 21% of them had been exposed to asbestos while working. Asbestos is a dangerous mineral that can cause variety of illnesses including fibrotic lung disease to mesothelioma and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers as well as their families.
Railroad employees, unlike most workers, are not able to access to the common workers' compensation that is available in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma need to make a civil claim under FELA.
FELA Doesn't apply to All Railroad Companies
FELA is a federal law that outlines the responsibility of railroad employers for employees who are injured or diagnosed with certain diseases. Not all railroads are covered under the law. In order for railroad employees to be able to sue under FELA it must be employed by a firm that is a common carrier in interstate commerce.
This means that if a railway worker is exposed to asbestos at work and develops mesothelioma, or another asbestos-related illness, they may bring a lawsuit against their employer. However, it is important to note that the plaintiff must demonstrate that their employer was negligent in their exposure to asbestos at work.
In addition, the claimant must prove that the asbestos-related disease sustained because of the exposure. A FELA claim is not a way to automatically provide compensation to a worker with mesothelioma-related diagnosis since mesothelioma symptoms usually do not manifest until decades after the initial exposure.
If you need to prove the connection between an injury and the asbestos-related disease, a knowledgeable mesothelioma lawyer can help. Lawyers from a mesothelioma company can examine a railroad employee's asbestos exposure history to determine whether they qualify for compensation.
While asbestos is banned in the United States, older railway equipment could still contain the toxic material. For example, almost all steam trains had asbestos in their fireboxes, boilers and cabooses up to the mid-1980s. In addition, railroads could have used asbestos in the railcar insulation, industrial brake shoes, and diesel engine gaskets.
Asbestos exposure in the workplace is a dangerous issue. Unfortunately, many railroads were aware about the dangers of asbestos exposure but did not protect their employees. In New Bedford asbestos attorneys of railroad workers have suffered from asbestos-related illnesses like mesothelioma.
Whatever the Supreme Court's recent ruling, it is essential for a worker to consult with an experienced asbestos lawyer to ensure that all legal rights are protected. An experienced attorney can assist a client to file a successful lawsuit against a railroad company who did not take the appropriate safety measures to prevent asbestos-related diseases.
The FELA is not applicable to all railway employees.
Rail workers who are diagnosed with mesothelioma or asbestosis, or other illnesses that are a result of years of exposure to toxic substances, have numerous legal options available to them. In addition to the compensation available for pain and suffering, claims can also cover the cost of medical care, funeral costs and other expenses. For those who worked in the railroad industry, it is essential to seek experienced representation from a mesothelioma lawyer for railroads firm to ensure that their legal rights and remedies will be secured.
It is possible to obtain a mesothelioma settlement against a former railroad corporation even though it might seem daunting. The injured worker or their family must show that the railroad did not perform its duty to protect workers, by failing to monitor or limit exposure to asbestos. This negligence must be directly linked to the asbestos-related illness. Injury railway workers should consult with an experienced FELA attorney to determine the best course.
FELA allows those who worked for a railroad company that crosses state lines to sue both their employer as well as the manufacturer of the equipment. The act covers those who are injured in the workplace as well as those diagnosed with occupational illnesses such as mesothelioma or lung cancer.
Although the passage of FELA has improved safety at work but there are still a lot of dangers for employees in this field. Railroad companies are not above serious misconduct in order to maximize profits, despite the dangers.
Asbestos is no longer used in the production of railroad products, but older ones are still exposed to this chemical. This is because almost all steam train manufacturers used asbestos in their fireboxes, pipes, and boilers. In addition, boxcars and cabooses were often lined with asbestos insulation.
Despite the lengthy statute of limitations in FELA cases it is essential to file a suit immediately when symptoms start to show. Asbestos victims are entitled to the financial compensation they deserve and are legally owed by the responsible parties.