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The Secret Life Of Railroad Asbestos Claims
Railroad Asbestos Claims

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

Defense lawyers attempt to blame a plaintiff's disease on something other than their occupational exposure to asbestos. They could blame smoking cigarettes, genetics or the home and environment of the plaintiff.

Federal Employers Liability Act (FELA)

The Federal Employers Liability Act allows railroad workers to sue their employers if they develop mesothelioma, or other asbestos-related illnesses because of exposure to asbestos that was not properly controlled. FELA, passed in 1908, allows railroad workers injured to sue their employers without going through workers compensation. FELA also puts a lower burden of proof on plaintiffs than traditional injury cases, making it easier for injured workers to win their case.

Asbestos is commonly used in train and railroad equipment due to its cheap cost, durability, fireproofing and thermal insulation properties. Asbestos can be found in railroad ties and steam locomotives and boilers. It is also present in engine gaskets, brake pad, locomotive components, 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 and also when travelling between different locations on the rail network by bus or train.

Railroad workers who contract asbestos-related diseases typically receive large amounts of compensation for their losses. This can include medical costs as well as lost income and emotional pain. In some cases families of victims can receive wrongful death compensation in the event of the loss of a loved one.

In addition to asbestos, railway workers are also exposed to toxins in the workplace like diesel fuel creosote, diesel exhaust silica sand, welding fumes as well as benzene-containing degreasers and solvents, herbicides and secondhand smoke. As a result, railroad workers are more susceptible to developing mesothelioma than other workers.

These symptoms can often manifest years after an asbestos exposure. It is important that railroad workers who have been injured and their family members seek legal assistance as quickly as they can.

The information in this LibGuide was created to be a research aid to Villanova Law School students and faculty. It is not legal advice. Contact an experienced lawyer who is specialized in mesothelioma, to learn more about the disease or to discuss a specific issue. Here are the contact information. If you are unable to reach an attorney, a trust fund for asbestos can help with filing a 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 ruled that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against the manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma.

The victim was a welding and machinist working for a railroad company for more than 30 years and throughout his time he was exposed to asbestos-containing brakes as well as insulation materials. After retiring the following year, he was diagnosed to have mesothelioma. He filed a lawsuit against the asbestos producers, claiming that they did not warn him of the risks and caused the disease. The lawsuit also claimed that the railroad did not to provide appropriate safety equipment.

A skilled attorney can help victims determine whether they qualify for FELA as well as other options for compensation. Asbestos attorneys are familiar with FELA's intricacies and can ensure that their clients receive a fair amount of compensation for their injuries.

The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma may make claims under state law against asbestos manufacturers, but those claims must be filed in a state that has a high level of expertise in handling these cases. Additionally the lawsuits must contain allegations of negligent supervision or training, and a defendant must be able to demonstrate that the mesothelioma of a plaintiff was the result of exposure to asbestos on the job.

Many railway workers were afflicted by asbestos exposure when they worked in locomotive shops, on trains or in other areas. In fact, a survey of railroad employees conducted in the 1980s indicated that 21% of the workers were likely to have been exposed to asbestos at work. Asbestos is a cause of 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 many workers, don't have access to the common workers' compensation that is available in all states. Instead, railroad workers who suffer from occupational illnesses like mesothelioma have to file a civil suit under FELA.

FELA Doesn't apply to All Railroad Companies

FELA is a federal statute which defines railroad employers' liability for employees who suffer injuries or become diagnosed with certain ailments. Not all railroads are covered by the law. To be able for a railroad worker to be able to sue under FELA, they must be employed by a firm that is a common carrier in interstate commerce.

If a railroad worker is diagnosed with mesothelioma or a different asbestos-related disease following exposure to asbestos while at work they may be able to sue their employer. It is important to keep in mind, however, that a railroad worker must demonstrate that their employer's negligence was the cause.

A claimant must also demonstrate that the asbestos-related illness was contracted as a result. A FELA claim cannot compensate a worker who has been diagnosed with mesothelioma since mesothelioma symptoms typically don't manifest until decades after exposure.

A mesothelioma lawyer can aid in proving the connection between an injury and asbestos-related illnesses. Lawyers from a mesothelioma law firm can examine a railroad employee's asbestos exposure history to determine if they are eligible for compensation.


While asbestos has been banned from use in the United States, some older railway equipment is still made of the toxic substance. For instance, the majority of steam trains used asbestos in their boilers, fireboxes, pipes and cabooses until the mid-1980s. click the next page may also have utilized asbestos to make railcar insulation, industrial braking shoes, and diesel engine gaskets.

Asbestos in the workplace could be a serious issue. Sadly, many railroads were aware about asbestos's dangers but did not protect their employees. In the end thousands of railroad workers have suffered from asbestos-related illnesses like mesothelioma.

It is important that workers seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are protected. A knowledgeable lawyer can assist a client to file an effective lawsuit against a railroad company who didn't take the proper safety measures to prevent asbestos-related illnesses.

FELA Does Not Apply to All Railway Workers

Rail workers who have been diagnosed with mesothelioma or asbestosis or other ailments that are a result of years of exposure to toxic substances, have numerous legal options at their disposal. In addition to the compensation offered 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 rights and remedies are protected.

It is possible to win a mesothelioma claim against a former railroad company, even if it may seem overwhelming. The person who was injured or their family members must demonstrate that the railroad company failed to do its duty to protect workers, by not ensuring or limiting exposure to asbestos. The asbestos-related illness must be directly connected to the negligence. Injury railway workers should consult with an experienced FELA attorney to determine the best course of action.

FELA allows employees who worked for a railroad that crossed state lines to sue their employer and the equipment manufacturer. The act covers both those who suffer injuries on the job and those who suffer from occupational diseases such as mesothelioma and lung cancer.

Despite the fact that FELA has improved safety in the workplace however, there are still many risks for workers. Despite the dangers railroad companies aren't above committing serious misconduct in the pursuit of maximizing profits.

Asbestos no longer is used in the production of railroad equipment, however older ones still are exposed to the substance. It is because it was used by nearly all steam locomotive manufacturers in their fireboxes and pipes. Additionally, cabooses and boxcars were typically lined with asbestos insulation.

Despite the fact that the time limits for FELA cases are long and often a long time, it is vital to begin a lawsuit as quickly as possible after the first signs of symptoms. Asbestos sufferers deserve the financial compensation they deserve and are due by the responsible parties.

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