Everything You Need To Know About Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers suffering from asbestos-related illnesses, such as mesothelioma can claim compensation from their employers. These lawsuits fall under the Federal Employers Liability Act (FELA).
Defense lawyers may attempt to blame the illness of a plaintiff on anything other than their exposure to asbestos on the job. They may blame genetics, smoking cigarettes or the home and environment of the plaintiff.
Federal Employers Liability Act
The Federal Employers Liability Act allows railroad employees to sue their employers in the event that they suffer from mesothelioma or other asbestos-related diseases because of negligence in exposure. FELA was approved in 1908 and permits injured railroad employees to sue their employers without needing to undergo the workers compensation system. FELA also puts a lower burden of proof on plaintiffs than traditional injury cases, making it easier for workers to succeed in proving their case.
Asbestos was commonly employed in railroad and train equipment due to its low cost, its durability and fireproofing properties. Asbestos was found in railroad tie-ups, steam locomotives, their boilers, engine gaskets, brake pads locomotive parts, as well as other railcar components like ceilings of cabooses as well as passenger cars. Railroad workers also had exposure to asbestos during repairs at roundhouses and railroad shops when locomotives were overhauled and repaired and also when traveling between locations on the rail network by train or bus.
Rail workers who contract asbestos-related diseases receive substantial compensation. This can include medical bills, lost income and emotional suffering. In some cases, the victim's family could receive compensation for wrongful death in the event of the loss of a loved one.
Railway workers also are exposed to other toxic substances at work, such as diesel fuel, exhaust fumes from diesel engines creosote, welding fumes and creosote. They may also have been exposed to benzene-containing degreasers, herbicides, solvents, and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as the result of these exposures.
In most cases, these symptoms do not manifest themselves until some time after the worker's first exposure to asbestos. This is why it's important for injured railroad workers and their families to seek legal help immediately.
New York asbestos lawsuits in this LibGuide is intended only as a research tool to Villanova Law School students and faculty. It does not constitute legal advice. Contact an experienced lawyer who specializes in mesothelioma to learn more about the disease or discuss a specific issue. Below are the contact details. If you're unable to contact an attorney or an asbestos trust fund, an asbestos trust fund can assist in filing mesothelioma claims.
State Law Claims
The United States Constitution mandates that federal law overrides state law. The Supreme Court confirmed this principle in its recent decision, Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act preempted state law claims made by railroad workers against the manufacturers of asbestos-containing equipment for mesothelioma-related injuries.
The victim was a welding and machinist who worked for a railroad firm for more than 30 years and throughout his career he was exposed to asbestos-containing brakes as well as insulation materials. After retirement, he was found to have mesothelioma. He brought a lawsuit against asbestos manufacturers, claiming they did not warn him of the dangers, which led to the disease. The lawsuit also claimed that the railroad failed to provide adequate safety equipment.
While mesothelioma and asbestos-related diseases are difficult to detect, a skilled lawyer can assist victims in understanding their eligibility for FELA and other compensation options. Asbestos lawyers are well-versed in the complexities of FELA and will ensure that their clients receive a fair compensation for their damages.
The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering from mesothelioma could make claims under state law against asbestos producers, however those claims must be filed in a state that has the highest level of expertise in handling these cases. The lawsuits must also contain allegations of insufficient supervision or inadequate training. The defendant must be able prove that the mesothelioma that the plaintiff suffers from is due to exposures to asbestos while working.
Many railway workers were exposed to asbestos while they worked on trains as well as in locomotive shops and in other areas of the railroad system. A survey of railroad workers in the 1980s revealed that 21% had been exposed to asbestos while working. Asbestos can cause a variety of ailments, including fibrotic lungs mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in assisting railroad workers and their families.
Railroad employees, unlike most workers, don't have access to the standard workers' compensation found in all states. Instead, railroad employees who are suffering from occupational diseases such as mesothelioma are required to file a civil lawsuit under FELA.
FELA Does Not Apply to All Railroad Companies
FELA is a federal law that defines railroad employers' liability for workers who sustain injuries or are diagnosed with certain ailments. There are a few railroads that are covered by the law. Railroad workers must be employed by a common carrier that engages in interstate commerce to be able to sue under the FELA.
This means that if a worker on the railroad is exposed to asbestos at work and develops mesothelioma, or another asbestos-related illness, they can bring a lawsuit against their employer. It is important to note that a railroad worker has to prove their employer was negligent.
A claimant must also show that the asbestos-related disease was contracted as a result of. A FELA claim is not a way to pay compensation to a worker who's been diagnosed with mesothelioma because mesothelioma symptoms typically are not evident until years after initial exposure.
When it comes to proving the connection between an injury and asbestos-related disease, an experienced mesothelioma lawyer can help. Attorneys at mesothelioma law firms can look into the history of exposure to asbestos of railroad workers and determine whether or not they are entitled to compensation.
Although asbestos has been banned from use in the United States, some older railway equipment still has the toxic substance. Asbestos was present in nearly all steam locomotives' fireboxes as well as boilers, as well as in their cabooses and pipes until the mid-1980s. Railroads could also have used asbestos for railcar insulation, industrial braking shoes, and gaskets for diesel engines.
Asbestos in the workplace could be a serious problem. Unfortunately, many railroads were aware about the dangers of asbestos exposure but did not protect their employees. As a result thousands of railroad employees have been affected by asbestos-related diseases like mesothelioma.
It is important that workers seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are protected. A knowledgeable attorney can assist a client to file a successful lawsuit against a railroad company who did not take proper precautions to prevent asbestos-related diseases.
The FELA is not applicable to all railway workers.
Railroad workers who are diagnosed with mesothelioma, asbestosis or other illnesses linked to years of exposure to toxic substances have a variety of legal options to choose from. A claim could include medical costs, funeral costs, and other expenses in addition to compensation for discomfort and pain. For those who worked in the railroad industry, it's crucial to seek expert representation by a mesothelioma attorney from a railroad firm to ensure that their rights and remedies are protected.
It is possible to obtain a mesothelioma settlement against a former railroad corporation even though it might seem overwhelming. However, the injured worker or his or her family must prove that the railroad company erred in its duties to safeguard workers by not ensuring that it was able to limit and monitor exposure to asbestos. The asbestos-related disease must be directly linked to this lapse in care. Railway workers who have been injured should consult an experienced FELA lawyer to determine the best course of action.
People who worked for railroads that operate across state lines can sue their employer and the equipment manufacturer, under FELA. The law protects those who suffer injuries at work and those diagnosed with occupational illnesses such as mesothelioma and lung cancer.
While the passage of FELA has increased safety in the workplace however, there are many hazards that are present for workers in this industry. Despite the risks, railroad companies are not overcommitting serious violations in the pursuit of maximizing profits.
Asbestos is not used anymore in the manufacture of railroad products, however older ones are still exposed to this substance. It's because it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. Additionally, cabooses and boxcars were often lined with asbestos insulation.
Despite the long period of limitations in FELA cases it is crucial to file a lawsuit as soon as symptoms appear. Asbestos victims deserve to receive the financial compensation they need and are due by the responsible parties.