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Why Do So Many People Are Attracted To Railroad Asbestos Claims?
Railroad Asbestos Claims

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

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

Federal Employers Liability Act

The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they contract mesothelioma or any other asbestos-related disease as a result of negligent exposure. FELA, approved in 1908, permits railroad workers who are injured to sue their employers without going through workers compensation. FELA also places a lower burden of proof on plaintiffs than traditional injury cases, making it easier for workers to prevail in their cases.

Asbestos is commonly used in train and railway equipment because of its low cost, durability and flexibility. It also is a great fireproofing material and has excellent thermal insulating properties. Asbestos was found in railroad ties, steam locomotives and their engines, boilers as well as engine gaskets, brake pads locomotive parts, and other railcar parts like ceilings of cabooses as well as passenger cars. 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 system by bus or train.

Rail workers who develop asbestos-related diseases receive substantial compensation. This can include medical expenses as well as lost income and emotional pain. In some cases families of victims may be able to receive compensation for the loss of their loved one.

Apart from asbestos, railroad workers have also been exposed to other workplace toxins, including diesel fuel, diesel exhaust, creosote welding fumes, silica sand as well as benzene-containing solvents and degreasers and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as a result of these exposures.


These symptoms can often be noticed years after an asbestos exposure. This is why it's crucial for railroad workers who have been injured and their families to seek legal assistance as soon as possible.

This LibGuide does not provide legal advice. It is designed 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 to discuss a specific issue. Below are the contact details. If you are unable contact an attorney, a trust fund for asbestos can assist in filing an asbestos claim.

State Law Claims

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

The victim, 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, he was found to be suffering from mesothelioma. He brought a lawsuit against asbestos manufacturers, claiming they did not warn him of the dangers, which led to the illness. The lawsuit also alleged that the railroad failed in providing appropriate safety equipment.

A knowledgeable attorney can help victims determine whether they qualify for FELA and other compensation options. Asbestos lawyers are well-versed in FELA's intricacies and can ensure that their clients receive fair amount of compensation for their losses.

The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered from mesothelioma could pursue state law claims against asbestos-producing companies, but the claims must be filed in a state with the highest level of expertise in handling such cases. Additionally, the lawsuits must include allegations of inadequate supervision or training and the defendant must be able to prove that a plaintiff's mesothelioma was caused by exposure to asbestos at work.

Many railway workers were exposed to asbestos while 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 revealed that 21% of them had been exposed to asbestos while working. Asbestos is a toxic mineral that can trigger a diverse range of ailments that range from fibrotic lung diseases to mesothelioma, and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers as well as their families.

In contrast to other workers, railroad workers do not have access to the standard workers' compensation system, which is found in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma must make a civil claim under FELA.

The FELA does not apply to all railroad companies

FELA is an act of the federal government that defines the liability of railroad companies for employees who are injured or are diagnosed with certain ailments. However it is not the case that all railroads are covered by the law. Railroad workers 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 can sue their employer. However, Troy asbestos attorney is crucial to remember that the plaintiff must prove that their employer was negligent in their exposure at work.

A claimant must also show that the asbestos-related illness was contracted as a result. A FELA claim will not compensate a worker who has been diagnosed with mesothelioma as mesothelioma-related symptoms usually are not evident until years after the initial exposure.

When it comes to proving the connection between an injury and asbestos-related disease, a knowledgeable mesothelioma lawyer can help. Lawyers from a mesothelioma company will review a railroad worker's asbestos exposure history to determine whether they are eligible to receive compensation.

Although asbestos was prohibited from use in the United States, some older railway equipment still contains the harmful substance. For instance, the majority of steam trains used asbestos in their boilers, fireboxes pipes, cabooses and fireboxes up to the mid-1980s. Additionally, railroads may have used asbestos in the railcar insulation, industrial brake shoes, and diesel engine gaskets.

Asbestos in the workplace can be a serious concern. Sadly, many railroads were aware about asbestos' dangers but did not ensure their employees were protected. Because of asbestos exposure, a lot of railroad workers have developed asbestos-related diseases like mesothelioma.

Regardless of the Supreme Court's recent ruling, it is important for workers to speak with an experienced asbestos lawyer to ensure that all legal rights are protected. A knowledgeable attorney can assist a client in filing a successful lawsuit against a railroad company that did not take proper precautions to prevent asbestos-related diseases.

The FELA is not applicable to all railway employees.

Railroad workers who become diagnosed with mesothelioma, asbestosis, or other illnesses resulting from years of exposure to toxic substances have a variety of legal options to choose from. The claim may include medical expenses, funeral costs, and other expenses in addition to compensation for discomfort and pain. For those who worked in the railroad industry, it's essential to seek experienced representation from a mesothelioma lawyer for railroads firm to ensure that their rights and remedies are secured.

While pursuing a mesothelioma lawsuit against a former railroad employer might seem daunting, it is possible to prevail in this type of claim. However, the person who was injured or their family must prove that the railroad company erred in its obligation to safeguard workers by failing to monitor and/or limit asbestos exposures. This negligence has to be directly related to the asbestos-related disease. Railway workers who have been injured should consult an experienced FELA lawyer to help determine the best option for them.

FELA allows those who worked for a railroad company that crosses state lines to sue both their employer as well as the manufacturer of the equipment. The law covers those who suffer injuries on the job as well as those who are diagnosed with occupational diseases like mesothelioma or lung cancer.

While the passing of FELA has improved safety at work but there are still a lot of dangers for employees in this industry. Railroad companies are not above serious misconduct to increase profits, despite the dangers.

Asbestos is no longer used in the manufacturing of railroad products, but older ones are still exposed to this substance. This is due to the fact that nearly all steam train manufacturers used asbestos in their fireboxes, pipes, and boilers. In addition, boxcars and cabooses were typically lined with asbestos insulation.

Despite the lengthy statute of limitations in FELA cases it is essential to file a lawsuit immediately when symptoms start to show. Asbestos victims deserve to receive the financial compensation they deserve and are owed by the parties responsible.

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