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The Reasons You'll Want To Read More About Railroad Asbestos Claims
Railroad Asbestos Claims

Railroad workers who develop asbestos-related illnesses, such as mesothelioma, may be able to seek compensation from their employers. These lawsuits are filed under the protections of the Federal Employers Liability Act, or FELA.

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

Federal Employers Liability Act (FELA)

The Federal Employers Liability Act allows railroad workers to sue their employers if they suffer from mesothelioma or other asbestos-related illnesses due to exposure to asbestos that was not properly controlled. FELA was adopted in 1908, permits railroad workers who are injured to pursue their employers without going through workers' compensation. FELA puts a lower burden on plaintiffs in FELA cases than in traditional injury cases and makes it easier to win an appeal.

Asbestos was often employed in railroad and train equipment due to its cheap cost, durability, flexibility and fireproofing properties. Asbestos can be found on railroad ties and steam locomotives and boilers. It is also present in the engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive components. Railroad workers were exposed to asbestos when working in railroad shops and roundhouses, as locomotives were being overhauled or repaired, and also while traveling by bus or train between various locations on the rail network.

Rail workers who develop asbestos-related diseases receive substantial compensation. This could include medical expenses as well as lost income and emotional pain. In some instances the family of the victim can receive wrongful death compensation in the event of the loss of a loved one.

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

Often the signs and symptoms don't manifest themselves until some time after the worker's first exposure to asbestos. It is essential that railroad workers injured and their family members seek legal help as soon as they can.

The information contained in this LibGuide was created solely as a research supplement to Villanova Law School students and faculty. It is not legal advice. Please contact an experienced attorney who specializes in mesothelioma law to obtain more information or to discuss a specific issue. Contact information is listed below. If you are unable get in touch with an attorney, an asbestos trust fund can help you file mesothelioma claims.

State Law Claims

The United States Constitution mandates that federal law preempts state law. The Supreme Court confirmed this principle in its 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 manufacturers of asbestos-containing equipment to treat mesothelioma-related injuries.

The victim was a welding and machinist working for a railroad company for almost 30 years, and throughout his time he was exposed to asbestos-containing brakes and insulation materials. After retirement and diagnosis, his mesothelioma was discovered. He filed a lawsuit against the asbestos manufacturers, claiming they did not warn him of the dangers, which led to the illness. The lawsuit also alleged that the railroad did not provide the proper safety equipment.

While mesothelioma, asbestos-related illnesses can be extremely difficult to identify An experienced lawyer can assist patients in understanding their 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 fair compensation for their losses.

The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered from mesothelioma could make claims under state law against asbestos producers, however these claims must be filed in a state that has a high level of expertise in handling such cases. The lawsuits must also contain allegations of a lack of supervision or training. A defendant must be able to prove that mesothelioma that the plaintiff suffers from is due to exposures on the job.

Many railway workers were affected by asbestos exposure as they worked in locomotive shops, on trains and in other areas. Jackson asbestos lawsuit of railroad workers in the 1980s showed that 21% had been exposed to asbestos at work. Asbestos is a dangerous mineral that can cause wide range of ailments including fibrotic lung disease to mesothelioma, and mesothelioma attorneys at Simmons Hanly Conroy have extensive experience in helping railroad workers and their families.

Railroad employees, unlike other workers, don't have access to the standard workers' compensation coverage that is found in all states. Instead, railroad workers who suffer from occupational diseases such as mesothelioma are obliged to file a civil suit under FELA.

FELA Doesn't apply to All Railroad Companies

FELA is a federal law which defines railroad employers' liability for workers who suffer injuries or are diagnosed with certain diseases. Some railroads are not covered by the law. To be able for railroad employees to sue under FELA, they must be employed by a firm that is a common carrier that operates in interstate commerce.

If railroad workers develop mesothelioma, or another asbestos-related disease following exposure to asbestos while working they may sue their employer. However, it is important to note that a worker must demonstrate that their employer was negligent in their exposure to asbestos at work.


In addition, the claimant must prove that the asbestos-related illness was sustained due to the exposure. A FELA claim cannot pay compensation to a worker who's been diagnosed with mesothelioma as mesothelioma symptoms typically do not appear until decades after the initial exposure.

A mesothelioma lawyer can aid in proving the link between an injury and asbestos-related ailments. Lawyers at mesothelioma law firms can examine the asbestos exposure history of railroad workers and determine whether or not they qualify for compensation.

Although asbestos is prohibited in the United States, older railway equipment could still contain the toxic material. Asbestos was used in almost all steam locomotives' fireboxes as well as boilers, as well as in their cabooses and pipes until the mid-1980s. In addition, railroads could have used asbestos in the railcar insulation, industrial brake shoes and gaskets for diesel engines.

Asbestos exposure in the workplace can be a serious concern. Sadly, many railroad companies were aware of the dangers of asbestos exposure but failed to protect their workers. Due to asbestos exposure, thousands of railroad workers have developed asbestos-related diseases like mesothelioma.

In spite of the Supreme Court's recent ruling, it is essential for workers to speak with an experienced asbestos lawyer to ensure that all legal rights are secured. A knowledgeable attorney can assist a client in filing an effective lawsuit against a railroad firm that didn't take the proper precautions to prevent asbestos-related diseases.

FELA Does Not Apply to All Railway Workers

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

It is possible to win a mesothelioma claim against a former railroad corporation, even though it may seem overwhelming. However, the person injured 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 connected to the asbestos-related illness. Injury railway workers should consult an experienced FELA attorney to determine the best course.

FELA allows those who worked for a railroad that crosses state lines to sue both their employer and the equipment manufacturer. The law covers workers who are injured at work and those diagnosed with occupational diseases like mesothelioma or lung cancer.

While the passage of FELA has increased safety in the workplace but there are still a lot of dangers for employees in this industry. Despite the risks, railroad companies are not overcommitting serious violations in order to maximize profits.

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

Despite the long period of limitations in FELA cases, it is important to file a suit immediately when symptoms start to show. Asbestos victims are entitled to the financial compensation that they are entitled to and are due by the parties responsible.

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