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The Unspoken Secrets Of Railroad Asbestos Claims
Railroad Asbestos Claims

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

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

Moreno Valley asbestos lawsuits (FELA)

The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from mesothelioma or any other asbestos-related illness because of negligence in exposure. FELA was passed in 1908 and allows injured railroad workers to sue their employer without needing to go through the workers' compensation system. FELA also places a lower burden of proof on plaintiffs than traditional injury cases, making it easier for injured workers to win their case.

Asbestos is widely 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 on railroad ties and steam locomotives and boilers. It can also be found in brake gaskets, engine gaskets pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive components. Railroad workers also had exposure to asbestos during repairs in roundhouses and shops when locomotives were overhauled or repaired and also when travelling between different locations on the rail network by train or bus.

Rail workers who contract asbestos-related diseases receive substantial compensation. This could include medical expenses, lost income and emotional pain. In some instances families of victims may be able to receive compensation in the event of the loss of a loved one.

Railway workers also are exposed to other harmful substances while at work, such as diesel fuel, exhaust fumes from diesel engines creosote, welding fumes and creosote. They may have also 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 appear years after asbestos exposure. It is essential that injured railroad workers and their families seek legal help as soon 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 discuss a specific matter. Contact information is given below. If you are unable to reach an attorney or a trust fund, a trust fund for asbestos can assist in filing claims.

State Law Claims


The United States Constitution mandates that federal law preempts state law. The Supreme Court confirmed this principle in its most recent case, Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act preempted state law claims brought by railroad workers against the manufacturers of asbestos-containing equipment for injuries like mesothelioma.

The victim, who worked as a welder/machinist for a railroad for more than 30 years, was exposed to asbestos brakes and insulation throughout his entire career. After his retirement after a while, he was discovered to be suffering from mesothelioma. He filed a lawsuit against asbestos manufacturers, claiming that they did not warn him of the dangers, which led to the disease. The lawsuit also alleged that the railroad did not provide the proper safety equipment.

While mesothelioma, asbestos-related diseases are difficult to diagnose A skilled lawyer can assist victims in understanding their legal rights under FELA and other compensation options. Asbestos lawyers are well-versed in the complexities of FELA and can make sure that their clients receive a fair amount for their injuries.

The Supreme Court's ruling in Kurns opened the door for railroad workers who develop mesothelioma to file state law claims against the makers of asbestos. However, claims must be filed in states with the highest level of experience in handling cases like this. In addition the lawsuits must contain allegations of improper supervision or training and the defendant must demonstrate that the mesothelioma of a plaintiff was the result of 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. In fact, a study of railroad employees conducted in the 1980s found that 21% of these workers had likely been exposed to asbestos while at work. Asbestos is a toxic mineral that can trigger a wide range of ailments, from fibrotic lung disease to mesothelioma, and mesothelioma lawyers from Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.

As opposed to most workers, railroad employees are not covered by the standard workers' compensation system that is available in all states. Instead, railroad workers who suffer from occupational diseases like mesothelioma have to file a civil suit under FELA.

FELA Doesn't apply to All Railroad Companies

FELA is a federal statute that outlines railroad employers' liability for workers who sustain injuries or become diagnosed with certain ailments. Some railroads are not covered under the law. Railroad workers must be employed by a common carrier who is involved in interstate commerce in order to sue under the FELA.

If a railroad worker develops mesothelioma or another 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 that a railroad worker has to prove that their employer was negligent.

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

A mesothelioma lawyer can aid in proving the connection between an injury and asbestos-related ailments. Lawyers from a mesothelioma law firm can review a railroad worker's asbestos exposure history to determine whether 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 harmful substance. For instance, nearly all steam trains used asbestos in their fireboxes, boilers pipes, cabooses and fireboxes up to the mid-1980s. Railroads may also have utilized asbestos for railcar insulation, industrial braking shoes, and diesel engine gaskets.

Asbestos in the workplace could be a serious concern. Sadly, many railroads were aware about the dangers of asbestos exposure but failed to protect their employees. In the end, thousands of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.

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

The FELA is not applicable to all railway workers

Railroad workers who become diagnosed with mesothelioma, asbestosis or other illnesses linked to years of exposure to toxic substances have a variety of legal options available to them. A claim can include medical costs, funeral costs, and other expenses in addition to compensation for pain and discomfort. It is important for those who worked on the railroad to seek expert representation from a specialized railroad mesothelioma lawyer in order to better ensure their legal rights and remedies are secured.

While pursuing a mesothelioma lawsuit against a former railroad company might sound difficult, it is possible to prevail in this type of case. The person who has been injured or their family members must demonstrate that the railroad company did not fulfill its obligation to safeguard workers, by not ensuring or limiting asbestos exposure. The asbestos-related illness has to be directly connected to this negligence. Railway workers who are injured should consult an experienced FELA attorney to determine the best course.

People who worked for railroads that operate across state lines may sue their employer and also the manufacturer of the equipment, under FELA. The law covers those who suffer injuries in the workplace as well as those who are diagnosed with occupational diseases such as mesothelioma and lung cancer.

Despite the fact that FELA has increased safety at work however, there are still many risks for workers. Railroad companies are not above serious misconduct to increase profits, despite the dangers.

Asbestos is no longer utilized in the manufacturing of railroad products, but older ones are still exposed to this chemical. This is because the majority of steam train manufacturers used it in their fireboxes and pipes as well as boilers. Additionally, cabooses and boxcars were often lined with asbestos insulation.

Despite the long period of limitations in FELA cases it is essential to file a suit as soon as symptoms appear. Asbestos victims have the right to the financial compensation they are due and legally owed by the responsible parties.

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