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7 Tips About Railroad Asbestos Claims That Nobody Can Tell You
Railroad Asbestos Claims

Railroad workers suffering from asbestos-related diseases, such as mesothelioma can claim compensation from their employers. These lawsuits are covered under the Federal Employers' Liability Act (FELA).

Defense lawyers will try to blame the plaintiff's illness on anything other than the asbestos exposure they experienced at work. 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 diseases as a result negligent exposure. Waterbury asbestos lawsuits was passed in 1908 and allows injured railroad employees to sue their employers without having 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 an appeal.

Asbestos is often used in train and railway equipment due to its low cost and its durability and flexibility. It also has excellent fireproofing and thermal insulating properties. Asbestos was present in railroad ties, steam locomotives and their engines, boilers as well as engine gaskets, brake pads locomotive parts, and other railcar components such as ceilings of cabooses as well as passenger cars. Railroad workers also were exposed to asbestos during work in roundhouses and shops when locomotives were overhauled and repaired, as well as while travelling between different locations along the rail network via bus or train.

Railroad workers who developed asbestos-related illnesses are usually awarded substantial compensation for their losses. This could include medical expenses, lost income, and emotional pain. In certain cases families of victims may be able to receive compensation in the event of the loss of a loved one.

Railway workers are also exposed to other harmful substances while at work, such as 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. As a result, railway workers are more susceptible to developing mesothelioma than other workers.

In most cases the symptoms don't manifest themselves until several years after the initial exposure to asbestos. It is important that railroad workers who have been injured 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 serve as a research tool for Villanova Law School faculty and students. Please contact an experienced attorney who specializes in mesothelioma to learn more about the disease or discuss a specific issue. Here are the contact information. If you are unable contact an attorney or trust fund, a trust account for asbestos can help with making a claim.

State Law Claims

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

The victim, a welder/machinist for a railroad for nearly 30 years and was exposed to asbestos brakes and insulation throughout his career. After retirement, he was diagnosed with mesothelioma. He filed a lawsuit against asbestos manufacturers and claimed that they failed to warn to warn him of the risks. The lawsuit also alleged that the railroad was not able to provide adequate safety equipment.

While mesothelioma and asbestos-related illnesses are extremely difficult to diagnose An experienced lawyer can assist patients in understanding their eligibility for FELA and other compensation options. Asbestos lawyers are knowledgeable of the complexities of FELA and can ensure that their clients receive a fair amount of compensation for their injuries.

The Supreme Court's ruling in Kurns opened the door for railroad workers who developed mesothelioma to pursue state law claims against the makers of asbestos. However, these claims must be filed in states that have a high level expertise in handling cases like this. In addition, the lawsuits must include allegations of inadequate supervision or training and the defendant must demonstrate that the mesothelioma of a plaintiff was caused by exposure to asbestos at work.

Many railway workers were affected by asbestos exposure while they worked in locomotive shops, on trains and in other areas. In fact, a survey of railroad employees conducted in the 1980s indicated that 21% of these workers were likely to have been exposed to asbestos while at work. Asbestos is a toxic mineral that can cause a diverse range of ailments including fibrotic lung disease to mesothelioma, and the mesothelioma lawyers at Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.

In contrast to other workers, railroad workers 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 need to bring a civil lawsuit under FELA.

FELA Doesn't apply to All Railroad Companies

FELA is a federal law that defines railroad employers' responsibility for workers who suffer injuries or develop certain diseases. However, not all railroads are covered by the law. A railroad worker must be employed by a common carrier who is involved in interstate commerce in order to sue under the FELA.

This means that if a railway worker is exposed to asbestos while at work and develops mesothelioma or an asbestos-related illness, they may sue their employer. However, it is important to note that a plaintiff must prove that their employer was negligent in their workplace exposure.

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

An attorney for mesothelioma can help in proving the link between an injury and asbestos-related diseases. Lawyers from a mesothelioma law firm will review a railroad worker's asbestos exposure history to determine whether they qualify to receive compensation.

Although 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 boilers, fireboxes and cabooses up to the mid-1980s. In addition, railroads could have used asbestos in the railcar insulation as well as industrial brake shoes and gaskets for diesel engines.

Exposure to asbestos in the workplace is a dangerous issue. Sadly, many railroads were aware about the dangers of asbestos exposure but did not protect their workers. Due to asbestos exposure, a lot of railroad workers have developed asbestos-related diseases such as mesothelioma.

It is essential that workers consult an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are protected. A knowledgeable lawyer can help a client bring a successful lawsuit against railroad companies who didn't take the proper security measures to prevent asbestos-related illnesses.

The FELA is not applicable to all railway employees.


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

Although pursuing a mesothelioma lawsuit against a former railroad company might seem daunting, it is possible to win this kind of lawsuit. However, the person who was injured or his or her family must prove that the railroad company erred in its duty to safeguard workers by not ensuring that it was able to limit and monitor asbestos exposures. This negligence must be directly connected to the asbestos-related disease. Railway workers who are injured should consult with an experienced FELA attorney to determine the best course.

FELA allows those who worked for a railroad that crossed state lines to sue their employer and the equipment manufacturer. The law covers workers who are injured at work and those who are diagnosed with occupational illnesses such as mesothelioma and lung cancer.

Although the passage of FELA has increased workplace safety, there are still numerous dangers for employees in this industry. Despite the dangers railroad companies aren't above committing serious misconduct in the pursuit of maximizing profits.

Asbestos is not used anymore in the production of railroad equipment, but older ones are still exposed to this substance. It is because it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. Additionally, cabooses and boxcars were typically lined with asbestos insulation.

Despite the long period of limitations in FELA cases, it is important to file a lawsuit when symptoms begin to manifest. Asbestos victims have the right to the financial compensation they deserve and are legally owed by the responsible parties.

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