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20 Things That Only The Most Devoted Railroad Asbestos Claims Fans Understand
Railroad Asbestos Claims

Railroad workers who suffer from asbestos-related diseases, such as mesothelioma, may seek compensation for their employers. These lawsuits are filed under the protections provided by the Federal Employers Liability Act or FELA.

Defense lawyers may try to blame a plaintiff's disease on anything other than on-the-job exposure to asbestos. They might point to genetics, cigarette smoking or their home and neighborhood.

Federal Employers Liability Act

The Federal Employers Liability Act allows railroad workers to sue their employers in the event that they develop mesothelioma, or any other asbestos-related illness due to exposure to asbestos that was not properly controlled. FELA was adopted in 1908 and allows injured railroad workers to sue their employer without having to undergo the workers' compensation system. FELA puts a lower burden on plaintiffs in FELA cases than in traditional injury claims and makes it easier to win the case.

Asbestos was often used in railroad and train equipment due to its low cost, its durability, fireproofing and thermal insulation properties. Asbestos can be found in railroad ties and steam locomotives and boilers. It is also found in the engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive components. Railroad workers also were exposed to asbestos during work at roundhouses and railroad shops when locomotives were being overhauled and repaired, as well as while traveling between locations along the rail network via train or bus.

Railroad workers who contract asbestos-related illnesses are usually awarded large amounts of compensation for their losses. This could include medical expenses as well as lost income and emotional pain. In some cases the family members of the victim could be eligible for damages for wrongful death resulting from the loss of a loved one.

Railway workers are also exposed to other harmful substances while at work, including diesel fuel, diesel exhaust fumes, creosote and welding fumes. 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 a result of these exposures.

These symptoms can often be noticed years after an asbestos exposure. It is crucial that injured railroad workers and their family members seek legal assistance as quickly as they can.

The information contained in this LibGuide is designed to be a research aid to Villanova Law School students and faculty. It does not constitute legal advice. Contact an experienced attorney who specializes in mesothelioma law to obtain more information or discuss a specific issue. Contact information is given below. If you're unable to get in touch with an attorney or an asbestos trust fund, an asbestos trust fund can assist with filing a mesothelioma claim.

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 declared 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 welding and machine operator who worked for a railroad firm for over 30 years and throughout his working life, he was exposed to asbestos-containing brakes as well as insulation materials. After retirement, he was found to be mesothelioma-positive. He filed a lawsuit against the asbestos manufacturers, claiming that they did not warn him of the dangers, which led to the illness. The lawsuit also claimed that the railroad failed in providing appropriate safety equipment.

Although mesothelioma and other asbestos-related illnesses are extremely difficult to identify A skilled lawyer can assist patients in understanding their legal rights under FELA and other compensation options. Asbestos lawyers are familiar with the complexities of FELA and can ensure that their clients receive a fair amount for their injuries.


The Supreme Court's decision in Kurns opened the possibility for railroad workers who develop mesothelioma, to pursue state law claims against manufacturers of asbestos. However, the claims must be filed in states with an expert level of expertise in handling cases such as this. Additionally, the lawsuits must include allegations of improper supervision or training and the defendant must demonstrate that the mesothelioma of a plaintiff was caused by on-the-job exposures.

Many railway workers were afflicted by asbestos exposure while they worked in locomotive shops, on trains and in other areas. In fact, a study of railroad workers conducted in the 1980s revealed that 21% of these workers had likely been exposed to asbestos while at work. Asbestos can cause a variety of diseases, including fibrotic lungs mesothelioma and lung cancer. The mesothelioma attorneys at Simmons Hanly Conroy are experienced in assisting railroad workers and their families.

In contrast to other workers, railroad employees do not have access to the standard workers' compensation system found in all states. Instead, railroad employees who suffer from occupational diseases such as mesothelioma are required to file a civil suit under FELA.

The FELA does not apply to all railroad companies.

FELA is a federal statute that outlines railroad employers' liability to workers who sustain injuries or are diagnosed with certain illnesses. There are a few railroads that are covered under the law. In order for railroad employees to be able to sue under FELA, they must be employed by a company that is a common carrier that operates in interstate commerce.

This means that if a railway worker is exposed to asbestos while at work and develops mesothelioma or another asbestos-related disease, they can bring a lawsuit against their employer. It is important to note that a railroad worker has to prove that their employer was negligent.

In addition, the claimant must prove that the asbestos-related disease was sustained due to the exposure. A FELA claim will not pay a worker who has been diagnosed with mesothelioma since mesothelioma symptoms typically are not evident until years after the initial exposure.

When it comes to proving the connection between an injury and asbestos-related disease, an experienced mesothelioma lawyer can aid. Attorneys from a mesothelioma firm will review a railroad worker's asbestos exposure history to determine whether they are eligible for compensation.

While asbestos has been banned in the United States, some older railway equipment still contains the toxic material. Asbestos was used in almost all steam locomotives' fireboxes, boilers, as well as in their pipes and cabooses up until the mid-1980s. Railroads could also have used asbestos for insulation of railcars, industrial braking shoes, and diesel engine gaskets.

Asbestos in the workplace could be a serious issue. Sadly, many railroad companies knew about the risks of asbestos exposure and did not protect their workers. Due to asbestos exposure, a lot of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.

It is crucial that employees seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are secured. A knowledgeable lawyer can help a client file a successful lawsuit against a railroad company who didn't take the proper precautions to avoid asbestos-related diseases.

The FELA does not apply to all railway workers

Rail workers who are diagnosed with mesothelioma or asbestosis, or other illnesses which are the 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 important to seek out experienced representation by a mesothelioma attorney from a railroad firm to ensure that their legal rights and remedies are protected.

It is possible to obtain a mesothelioma settlement against a former railroad company, even though it may seem daunting. However, the person injured or his or her family must prove that the railroad company erred in its duties to protect workers, not ensuring that it was able to limit and monitor asbestos exposures. average asbestos claim payout -related disease must be directly linked to this lapse in care. Injured railway workers should hire an experienced FELA lawyer to help determine the best course of action.

Those who were employed by a railroad that operates across state lines can sue their employer, as well as the equipment manufacturer under FELA. The law protects those who are injured in the workplace and those who are diagnosed with occupational illnesses such as lung cancer and mesothelioma.

Despite the fact that FELA has improved safety in the workplace but there are still a lot of risks for workers. Despite the risks railroad companies aren't free from serious misdeeds in the pursuit of maximizing profits.

Asbestos is not used anymore in the production of railroad products, however older ones are still exposed to the substance. This is due to the fact that it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. In addition, boxcars and cabooses were typically lined with asbestos insulation.

Despite the lengthy statute of limitations in FELA cases it is crucial to file a suit as soon as symptoms appear. Asbestos victims should be able to get the financial compensation they deserve and are owed by the parties responsible.

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