This Is What Railroad Asbestos Claims Will Look In 10 Years
Railroad Asbestos Claims
Railroad workers who develop asbestos-related illnesses, like mesothelioma, may be able to seek compensation from their employers. These lawsuits are filed under protections of the Federal Employers Liability Act or FELA.
Defense lawyers will try and blame the plaintiff's health issues on anything other than the asbestos exposure they experienced on the job. They may blame genetics, smoking cigarettes or the environment and home of the plaintiff.
Federal Employers Liability Act (FELA)
The Federal Employers Liability Act allows railroad employees to sue their employers if they develop mesothelioma, or any other asbestos-related illness because of exposure to asbestos that was not properly controlled. FELA, approved in 1908, permits railroad workers injured to sue their employers without going through workers' compensation. FELA also places the burden of proof lower on plaintiffs than traditional injury cases, making it easier for injured workers to prevail in their cases.
Asbestos is commonly used in train and railway equipment due to its low cost as well as its durability and flexibility. It also is a great fireproofing material and has excellent thermal insulation properties. Asbestos was found in railroad tie-ups, steam locomotives, their boilers engines, engine gaskets, brake pads, locomotive parts and other railcar components such as ceilings of cabooses as well as passenger cars. Railroad workers were exposed asbestos when working in the shops of railroads and roundhouses, when locomotives were being overhauled or repaired, and also while traveling by bus or train between stations along the rail network.
Rail workers who suffer from 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 able to receive compensation in the event of the loss of a loved one.
In addition to asbestos, railway workers have also been exposed to other workplace toxins like diesel fuel, diesel exhaust, creosote and welding fumes, silica sand as well as benzene-containing solvents and degreasers and secondhand smoke. In the end, railroad workers are more susceptible to mesothelioma development than other workers.
Often, these symptoms do not appear until some time after the worker's first exposure to asbestos. This is why it's crucial for railroad workers who have been injured and their families to seek legal assistance as soon as they can.
This LibGuide doesn't offer legal advice. It is intended to be a tool for research for Villanova Law School faculty and students. For El Paso asbestos lawyer or to discuss a particular problem you may contact a knowledgeable mesothelioma lawyer. Here are the contact information. If you are unable contact an attorney, a trust fund for asbestos may be able to assist you in filing claims.
State Law Claims
The United States Constitution requires that federal law overrules state law, and the Supreme Court upheld this principle in the case of Kurns v. Railroad Friction Products Corp. The Court ruled that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against the manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma.
The victim, who worked as a welder/machinist working for a railroad for over 30 years, was exposed to asbestos brakes and insulation throughout his time. After retiring, he was found to be mesothelioma-positive. He sued the asbestos manufacturers, alleging that they failed to warn him about the risks. The lawsuit also claimed the railroad failed in providing appropriate safety equipment.
An experienced attorney can assist victims determine whether they qualify for FELA and other options for compensation. Asbestos attorneys are familiar with the complexities of FELA and will ensure that their clients receive a fair amount of compensation for their losses.
The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma might pursue state law claims against asbestos manufacturers, but these claims must be filed in a state that has the highest level of expertise in handling these cases. The lawsuits must also include allegations of a lack of supervision or training. A defendant must be able prove that the plaintiff's mesothelioma is caused by exposures on the job.
Many railway workers were exposed to asbestos when they worked on trains, in locomotive shops and in other areas of the railroad system. In fact, a study of railroad workers carried out in the 1980s indicated that 21% of these workers were likely to have been exposed to asbestos at work. Asbestos is a cause of a variety of ailments, including fibrotic lungs mesothelioma and lung cancer. The mesothelioma lawyers of Simmons Hanly Conroy are experienced in assisting railroad workers and their families.
As opposed to most workers, railroad workers do not have access to the standard workers' compensation system found in all states. Instead, railroad workers who suffer from occupational illnesses like mesothelioma have to file a civil lawsuit under FELA.
The FELA does not apply to all railroad companies
FELA is a federal law which defines railroad employers' liability for employees who suffer injuries or develop certain ailments. However, not all railroads are covered by the law. To be able for railroad workers to be able to sue under FELA, they must be employed by a firm that is a common carrier engaged in interstate commerce.
If a railroad worker is diagnosed with mesothelioma, or another asbestos-related disease after being exposed to asbestos while working they may be able to sue their employer. However, it is important to note that a plaintiff must demonstrate that their employer was negligent in their exposure to asbestos at work.
In addition, the claimant must also prove that the asbestos-related illness was sustained because of the exposure. A FELA claim is not a way to pay a worker who has been diagnosed with mesothelioma because mesothelioma symptoms typically are not evident until years after initial exposure.
When it comes to proving the connection between an injury and asbestos-related illness, a skilled mesothelioma lawyer can assist. Lawyers from mesothelioma law firms can review the asbestos exposure history of a railroad worker and determine if they qualify for compensation.
Although asbestos has been prohibited from use in the United States, some older railway equipment is still made of the harmful substance. For example, almost all steam trains used asbestos in their boilers, fireboxes pipes, cabooses and fireboxes up to the mid-1980s. In addition, railroads might have used asbestos in railcar insulation, industrial brake shoes and diesel engine gaskets.
Asbestos in the workplace can be a serious problem. Unfortunately, many railroad companies knew about the risks of asbestos exposure and did not take steps to protect their employees. In the end thousands of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma.
In spite 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 the client file a successful lawsuit against railroad companies that failed to take the proper security measures to avoid asbestos-related illnesses.
FELA Does Not Apply to All Railway Workers
Rail workers who are diagnosed with mesothelioma, asbestosis, or other illnesses which are the result of years of exposure to toxic substances, have a variety of legal options at their disposal. In addition to the compensation available for pain and suffering, claims can also cover the cost of medical treatment, funeral costs and other expenses. It is essential for those who worked on the railroad to seek experienced representation from a specialized railroad mesothelioma law firm to ensure that their legal rights and remedies are safeguarded.
It is possible to prevail in a mesothelioma lawsuit against a former railroad company, even though it may seem daunting. However, the person who was injured or their family must prove that the railroad company was negligent in its duty to protect workers by failing to monitor and/or limit asbestos exposures. The asbestos-related disease must be directly connected to the negligence. Injured railway workers should hire an experienced FELA lawyer to assist in determining the best option for them.
Employees of an operator of a railroad operating across state lines may sue their employer and the manufacturer of the equipment under FELA. The act covers both employees who suffer injuries on the job and those who are diagnosed with occupational diseases such as mesothelioma and lung cancer.
Despite the fact that FELA has improved safety in the workplace however, there are still many risks for workers. Despite the dangers, railroad companies are not overcommitting serious violations in their quest to maximize profits.
Asbestos is no longer used in the manufacture of railroad products, but older ones are still exposed to this chemical. This is due to the fact that nearly all 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 fact that time limits for FELA cases are lengthy, it is essential to begin a lawsuit as quickly as you can after the beginning of symptoms. Asbestos victims should be able to get the financial compensation they require and are owed by the responsible parties.