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What Do You Know About Railroad Asbestos Claims?
Railroad Asbestos Claims

Railroad workers who suffer from asbestos-related diseases, such as mesothelioma, can claim compensation from their employers. These lawsuits are filed under protections of the Federal Employers Liability Act or FELA.

Defense lawyers will try to blame the plaintiff's illness on anything other than their asbestos exposure during their work. They could 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 suffer from mesothelioma or other asbestos-related diseases due to negligent exposure. FELA was approved in 1908 and permits injured railroad workers to sue their employers without the need to undergo the workers' compensation system. FELA also places an easier burden of proof on plaintiffs than traditional injury cases, making it easier for injured workers to prevail in their cases.


Asbestos is often used in train and railway equipment because of its low cost as well as its durability and flexibility. It also has excellent fireproofing and thermal insulating properties. Asbestos can be found in steam locomotives and railroad ties along with boilers. It is also found in engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses, and locomotive parts. Railroad workers also were exposed to asbestos during repairs at railroad shops and roundhouses when locomotives were overhauled or repaired as well as when traveling between locations on the rail system by train or bus.

Railroad workers who contract asbestos-related diseases are typically awarded large amounts of compensation for their losses. This can include medical costs along with lost income and emotional suffering. In certain cases families of victims could be eligible to receive compensation for the loss of a loved one.

In addition to asbestos, railroad workers have also been exposed to other workplace toxins, including diesel fuel, diesel exhaust, creosote silica sand, welding fumes as well as benzene-containing degreasers and solvents herbicides, and secondhand smoke. This means that railroad workers are more susceptible to mesothelioma development than other workers.

The symptoms can be noticed years after an asbestos exposure. This is why it's important for railroad workers who have been injured and their families to seek legal help as soon 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 to learn more about the disease or discuss a specific issue. Below are the contact details. If mesothelioma asbestos claims are unable get in touch with an attorney, an asbestos trust fund can assist with filing mesothelioma lawsuits.

State Law Claims

The United States Constitution requires that federal law prevails over 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 brought 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 working life, he was exposed to asbestos-containing brakes as well as insulation materials. After his retirement, he was found to be suffering from mesothelioma. He brought a lawsuit against asbestos producers, claiming that they did not warn him about the dangers, which led to the disease. The lawsuit also claimed the railroad failed in providing appropriate safety equipment.

An experienced attorney can assist victims determine their eligibility for FELA as well as other options for compensation. Asbestos attorneys are knowledgeable of the complexities of FELA and can make sure that their clients receive fair compensation for their losses.

The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma might seek state law claims against asbestos manufacturers, but the claims must be filed in a state that has a high level of expertise in handling these cases. In addition the lawsuits must contain allegations of improper supervision or training, and a defendant must be able to show that mesothelioma suffered by a plaintiff was caused by exposure to asbestos at work.

Many railway workers were afflicted by asbestos exposure while they worked in locomotive shops, on trains and in other areas. In fact, a survey of railroad workers conducted in the 1980s indicated that 21% of these workers had been exposed to asbestos while at work. Asbestos is a cause of a variety of ailments that include fibrotic lung mesothelioma and lung cancer. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in helping railroad workers and families.

Unlike most workers, railroad workers do not have access to the standard workers' compensation system found in all states. Instead, railroad workers who suffer from occupational illnesses such as mesothelioma are obliged 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 to workers who suffer injuries or become diagnosed with certain ailments. There are a few railroads that are covered by the law. To be able for a railroad worker to be able to sue under FELA the worker must be employed by a company that is a common carrier engaged in interstate commerce.

This means that if a railroad worker is exposed to asbestos at work and develops mesothelioma, or another asbestos-related illness, they can file a lawsuit against their employer. However, it is crucial to remember that a worker must prove that their employer was negligent in their exposure to asbestos at work.

Additionally, a claimant must also prove that the asbestos-related disease was sustained because of the exposure. A FELA claim cannot pay a worker who has been diagnosed with mesothelioma since the symptoms of mesothelioma usually do not appear until decades after exposure.

An attorney for mesothelioma can help in proving the connection between an injury and asbestos-related diseases. Attorneys at a mesothelioma law firm can examine the asbestos exposure history of railroad workers and determine whether or not they are eligible for compensation.

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

Asbestos in the workplace can be a serious problem. Unfortunately, many railroads were aware about asbestos' dangers but failed to protect their workers. In the end thousands of railroad workers have suffered from asbestos-related illnesses such as mesothelioma.

In spite of the Supreme Court's recent decision, it is important for workers to speak with an experienced asbestos lawyer to ensure that all legal rights are protected. A skilled lawyer can assist the client file an effective lawsuit against railroad companies that didn't take the proper precautions to prevent asbestos-related illnesses.

The FELA does not apply to all railway employees.

Railroad workers who are diagnosed with mesothelioma or asbestosis or other diseases resulting from years of exposure to toxic substances have many legal options to choose from. In addition to the compensation available for pain and suffering an action may also cover the cost of medical care funeral expenses, medical care and other expenses. It is crucial for those who worked on the railway to seek out experienced representation from a specialist railroad mesothelioma lawyer to ensure their legal rights and remedies are protected.

Although pursuing a mesothelioma lawsuit against a former railroad employer might seem difficult, it is possible to prevail in this type of claim. The person who was injured or their family members must demonstrate that the railroad company did not perform its duty to protect workers, by failing to monitor or limit asbestos exposure. The asbestos-related illness has to be directly connected to the negligence. Injury railway workers should consult with an experienced FELA attorney to determine the best course.

Those who were employed by a railroad that operates across state lines are able to sue their employer and the equipment manufacturer under FELA. The law covers employees who suffer injuries on the job as well as those diagnosed with occupational diseases such as mesothelioma and lung cancer.

Despite the fact that FELA has improved workplace safety but there are still a lot of risks for workers. Railroad companies aren't immune to serious misconduct to increase profits, despite the risks.

Asbestos is no longer used in the manufacture of railroad products but older ones still are exposed to this chemical. This is because the majority of steam train manufacturers used asbestos in their fireboxes, pipes, and boilers. Asbest insulation was also used to line cabooses and boxes.

Despite the lengthy statute of limitations in FELA cases it is essential to file a suit when symptoms begin to manifest. Asbestos victims deserve to receive the financial compensation they require and are due by the responsible parties.

Website: https://www.asbestosclaimspayouts.top/