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5 Lessons You Can Learn From Railroad Asbestos Claims
Railroad Asbestos Claims

Railroad workers who develop asbestos-related diseases, such as mesothelioma, may claim compensation from their employers. These lawsuits fall under the Federal Employers Liability Act (FELA).

Defense lawyers will attempt to blame the plaintiff's illness on anything but their asbestos exposure on the job. They can blame genetics, smoking cigarettes or the home and environment of the plaintiff.

Federal Employers Liability Act

The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers when they contract mesothelioma, or other asbestos-related illnesses, due to negligent exposure. FELA was adopted in 1908 and allows injured railroad workers to sue their employers without the need to undergo the workers compensation system. FELA also puts the burden of proof lower on plaintiffs than traditional injury cases, making it easier for workers to succeed in proving their case.

Asbestos was often employed in railroad and train equipment due to its low cost, its durability, fireproofing and thermal insulation properties. Asbestos can be found in steam locomotives and railroad ties along with boilers. It is also present in engine gaskets, brake pad, locomotive components, and ceilings of passenger cars, cabooses and locomotive components. Railroad workers also had exposure to asbestos during repairs at roundhouses and railroad shops when locomotives were overhauled or repaired, as well as while traveling between places on the rail system by bus or train.

Rail workers who suffer from asbestos-related diseases receive substantial compensation. This can include medical bills, lost income and emotional pain. In some instances the family of the victim may be able to receive compensation in the event of the loss of a loved one.

Apart from asbestos, railroad workers are also exposed to toxins in the workplace like diesel fuel creosote, diesel exhaust welding fumes, silica sand as well as benzene-containing degreasers and solvents herbicides, and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as the result of these exposures.

In most cases the symptoms don't appear until years after the worker's initial exposure to asbestos. It is essential that injured railroad workers and their family members seek legal assistance as quickly as they can.

This LibGuide is not a source of legal advice. It is intended to be a research tool for Villanova Law School faculty and students. Contact an experienced lawyer who specializes in mesothelioma law to learn more about the disease or discuss a specific matter. Contact information is given below. If you are unable contact an attorney or trust fund, a trust account for asbestos may be able to assist you in making an asbestos claim.

State Law Claims

The United States Constitution mandates that federal law prevails over 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 a railroad worker's state law claims against manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma.

The victim was a welding and machinist working for a railroad company for over 30 years and throughout his time he was exposed to asbestos-containing brakes as well as insulation materials. After his retirement after a while, he was discovered to be mesothelioma-positive. He filed a lawsuit against asbestos manufacturers, alleging that they failed to warn him of the dangers. The lawsuit also claimed the railroad did not provide the proper safety equipment.


A knowledgeable attorney can help victims determine whether they qualify for FELA and other options for compensation. Asbestos attorneys are familiar with the complexities of FELA and can ensure that their clients receive 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 an expert level in handling these cases. In addition the lawsuits must contain allegations of inadequate supervision or training, and a defendant must show that mesothelioma suffered by a plaintiff was caused by exposure to asbestos at work.

Many railway workers were exposed to asbestos when they worked on trains, in locomotive shops and in other areas of the railroad system. In fact, a survey of railroad workers carried out in the 1980s indicated that 21% of the workers had likely been exposed to asbestos while at work. Asbestos can cause a variety of ailments, including fibrotic lungs disease and mesothelioma. The mesothelioma lawyers of Simmons Hanly Conroy are experienced in assisting railroad workers and their families.

Railroad employees, unlike other workers, are not able to access to the common workers' compensation found in all states. Instead, railroad employees who suffer from occupational illnesses like mesothelioma need to bring a civil lawsuit under FELA.

The FELA is not applicable to all railroads

FELA is an act of the federal government that defines the responsibility of railroad employers for employees who are injured or diagnosed with certain illnesses. Some railroads are not covered by the law. To be able for railroad workers to be able to sue under FELA, they must be employed by a firm that is a common carrier engaged in interstate commerce.

If railroad workers develop mesothelioma, or another asbestos-related disease after being exposed to asbestos during work they may be able to sue their employer. It is important to note that a railroad worker must prove their employer was negligent.

A claimant must also demonstrate that the asbestos-related illness was contracted as a result of. A FELA claim is not a way to automatically compensate a worker for mesothelioma-related diagnosis since mesothelioma symptoms usually do not manifest until decades after the initial exposure.

A mesothelioma lawyer can aid in proving the link between an injury and asbestos-related diseases. Attorneys at a mesothelioma law firm can review the history of exposure to asbestos of railroad workers and determine whether or not they are eligible for compensation.

Although asbestos is prohibited in the United States, older railway equipment could still contain the hazardous material. For instance, nearly all steam trains used asbestos in their fireboxes, boilers, pipes and cabooses until the mid-1980s. In addition, railroads might have used asbestos in the railcar insulation, industrial brake shoes, and gaskets for diesel engines.

asbestos claims law in the workplace could be a serious issue. Unfortunately, many railroads were aware about asbestos' dangers but failed to protect their employees. As a result thousands of railroad workers have suffered from asbestos-related illnesses like mesothelioma.

It is essential that workers seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are protected. An experienced attorney can assist a client to file a successful lawsuit against a railroad company that didn't take the proper safety measures to prevent asbestos-related diseases.

The FELA does not apply to all railway workers.

Rail workers who have been diagnosed with asbestosis or mesothelioma or other ailments that are linked to years of exposure toxic substances, have numerous 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 care funeral expenses, medical care and other expenses. It is important for those who worked on the railroad to seek experienced representation from a specialist railroad mesothelioma lawyer to ensure their legal rights and remedies are safeguarded.

It is possible to obtain a mesothelioma settlement against a former railroad company, even if it may seem daunting. The person who has been injured or their family must show that the railroad company failed to do its duty to protect workers by failing to limit or monitor asbestos exposure. This negligence must be directly linked to the asbestos-related disease. Injured railway workers should hire an experienced FELA lawyer to determine the best option for them.

FELA allows those who worked for a railroad that crossed state lines to sue both their employer as well as the equipment manufacturer. The law applies to both workers who are injured at work and those diagnosed with occupational diseases 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 dangers, railroad companies are not free from serious misdeeds in their quest to maximize profits.

Asbestos is no longer used in the production of railroad products, however older ones are still exposed to this chemical. This is due to the fact that nearly all steam train manufacturers used it in their fireboxes and pipes as well as boilers. Additionally, cabooses and boxcars were typically lined with asbestos insulation.

Despite the fact that statute of limitations for FELA cases are lengthy and often a long time, it is vital to file a lawsuit as soon as you can after the onset of symptoms. Asbestos sufferers deserve the financial compensation they require and are due by the responsible parties.

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