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What Is It That Makes Railroad Asbestos Claims So Famous?
Railroad Asbestos Claims

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

Defense lawyers try to blame the illness of a plaintiff on anything other than their exposure to asbestos on the job. They could blame smoking cigarettes, genetics or the environment and home of the plaintiff.

Federal Employers Liability Act (FELA)

The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they contract mesothelioma, or other asbestos-related illnesses, as a result of negligent exposure. FELA was passed in 1908 and allows injured railroad workers to sue their employer without the need to undergo the workers compensation system. FELA places the burden of proof on plaintiffs in FELA cases than traditional injury cases and makes it easier to win the case.

Read This method was commonly employed in railroad and train equipment due to its cheap cost, its durability, fireproofing and thermal insulation properties. Asbestos was used in railroad tie-ups, steam locomotives, their boilers as well as engine gaskets, brake pads locomotive parts, as well as other railcar parts like ceilings of cabooses and passenger cars. Railroad workers were exposed asbestos when working in the shops of railroads and roundhouses when locomotives were overhauled or repaired and also when traveling by train or bus between stations along the rail network.

Rail workers who develop asbestos-related illnesses are compensated for a large amount. This can include medical expenses along with lost income and emotional pain. In certain cases families of victims may be eligible to receive damages for wrongful death resulting from the loss of a loved one.

Railway workers are also exposed other harmful substances while at work, including diesel fuel, diesel exhaust fumes creosote, welding fumes and creosote. They could also have been exposed benzene-containing degreasers and herbicides, solvents and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as a result of these exposures.

The symptoms can appear years after asbestos exposure. It is crucial that injured railroad workers and their family members seek legal help as soon as they can.

The information in this LibGuide is intended only as a research tool to Villanova Law School students and faculty members, and does not constitute legal advice. To obtain additional information or to discuss a particular issue get in touch with an experienced mesothelioma attorney. Below are the contact details. If you're unable to get in touch with an attorney, an asbestos trust fund can help you file a mesothelioma claim.

State Law Claims

The United States Constitution requires that federal law overrules state law. The Supreme Court upheld this principle in the case of Kurns v. Railroad Friction Products Corp. The Court declared that the Locomotive Inspection Act preempted state law claims by railroad workers against the manufacturers of asbestos-containing equipment to treat mesothelioma-related injuries.

The victim was a welding and machinist working for a railroad firm for almost 30 years, and throughout his career he was exposed to asbestos-containing brakes as well as insulation materials. After retiring after a while, he was discovered to be mesothelioma-positive. He filed a lawsuit against asbestos producers, claiming that they did not warn him about the dangers and triggered his illness. The lawsuit also claimed that the railroad failed to provide appropriate safety equipment.

An experienced attorney can assist victims determine their eligibility for FELA and other options for compensation. Asbestos attorneys are knowledgeable of the complexities of FELA and can ensure that their clients receive fair compensation for their injuries.

The Supreme Court's decision in Kurns opened the door for railroad workers who developed mesothelioma, to pursue state law claims against manufacturers of asbestos. However, the claims must be filed in states with a high level experience in handling cases like this. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must be able to prove that mesothelioma that the plaintiff suffers from is due to exposure to asbestos on the job.

Many railway workers were exposed to asbestos when 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 showed that 21% of them had been exposed to asbestos while working. Asbestos is a deadly mineral that can cause variety of illnesses, from fibrotic lung disease to mesothelioma, and the mesothelioma lawyers from Simmons Hanly Conroy have extensive experience helping railroad workers as well as their families.

Unlike most workers, railroad employees do not have access to the standard workers' compensation system, which is found in all states. Instead, railroad workers who suffer from occupational diseases like mesothelioma must make a civil claim under FELA.

The FELA does not apply to all railroads

FELA is a federal law that outlines the liability of railroad companies for employees who are injured or are diagnosed with certain illnesses. There are a few railroads that are covered under the law. To be a railroad worker to be able to sue under FELA it must be employed by a company that is a common carrier engaged in interstate commerce.

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

A claimant must also demonstrate that the asbestos-related illness was contracted as a result. A FELA claim cannot pay a worker who has been diagnosed with mesothelioma as mesothelioma-related symptoms usually do not appear until decades after exposure.

A mesothelioma lawyer can aid in proving the connection between an injury and asbestos-related diseases. Attorneys at mesothelioma law firms can look into the asbestos exposure history of a railroad worker and determine if they qualify for compensation.

While asbestos is banned in the United States, older railway equipment could still contain the hazardous material. For instance, the majority of steam trains used asbestos in their fireboxes, boilers pipes, cabooses and fireboxes up to the mid-1980s. In addition, railroads might have used asbestos in the railcar insulation as well as industrial brake shoes and diesel engine gaskets.

Exposure to asbestos in the workplace is a very serious matter. Sadly, many railroads knew about the risks of asbestos exposure and did not take steps to protect their employees. In the end, thousands of railroad workers have suffered from asbestos-related illnesses like mesothelioma.

Regardless of the Supreme Court's recent decision, it is important for workers to speak with an experienced asbestos lawyer to ensure that their legal rights are protected. A skilled lawyer can assist a client bring an effective lawsuit against railroad companies who didn't take the proper security measures to prevent asbestos-related diseases.

FELA Doesn't apply to All Railway Workers

Railroad workers who become diagnosed with mesothelioma, asbestosis, or other diseases resulting from years of exposure to toxic substances have numerous legal options available to them. The claim may include funeral costs, medical expenses, and other expenses in addition to compensation for discomfort and pain. It is important for those who worked on the railroad to seek experienced representation from a specialist railroad mesothelioma law firm to ensure their legal rights and remedies are protected.

It is possible to obtain a mesothelioma settlement against a former railroad firm, even if it may seem overwhelming. However, the injured worker or their family members must prove that railroad company was negligent in its duties to safeguard workers by failing to monitor and/or limit asbestos exposures. This negligence must be directly linked to the asbestos-related illness. Railway workers who have been injured should consult an experienced FELA lawyer to help determine the best option for them.

Those who were employed by a railroad that operates across state lines may sue their employer and the equipment manufacturer under FELA. The act covers those who are injured at work, as well as those who have been diagnosed with occupational illnesses such as mesothelioma or lung cancer.


While the passage of FELA has increased safety in the workplace but there are still a lot of dangers that exist for workers in this field. Despite the dangers railroad companies aren't free from serious misdeeds in order to maximize profits.

Asbestos is no longer utilized in the production of railroad products, but older ones are still exposed to this chemical. It is because it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. Asbest insulation was also used to line cabooses and boxes.

Despite the fact that the statute of limitations for FELA cases are lengthy and lengthy, it is crucial to start a lawsuit as soon as possible after the beginning of symptoms. Asbestos victims deserve to receive the financial compensation they require and are owed by the responsible parties.

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