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Railroad Asbestos Claims Railroad workers who develop asbestos-related illnesses, like mesothelioma, can seek compensation from their employers. These lawsuits fall under the Federal Employers' Liability Act (FELA). Defense lawyers will try to blame the plaintiff's illness on anything but their exposure to asbestos during their work. They might refer to genetics, smoking cigarettes smoking or their home and neighborhood. Federal Employers Liability Act The Federal Employers Liability Act allows railroad workers to sue their employers in the event that they develop mesothelioma, or other asbestos-related diseases as a result exposure to asbestos that was not properly controlled. FELA, passed in 1908, allows railroad workers who are injured to sue their employers without going through workers compensation. FELA also places the burden of proof lower on plaintiffs than traditional injury cases, which makes it easier for workers to prevail in their cases. Asbestos is often used in train and railway equipment because of its low cost as well as its durability and flexibility. It also has excellent thermal and fireproofing insulating properties. Asbestos was present in railroad connections, steam locomotives and their boilers engines, brake pads, engine gaskets locomotive parts, as well as other railcar components such as ceilings of cabooses as well as passenger cars. Railroad workers were also exposed to asbestos during work at roundhouses and railroad shops when locomotives were overhauled or repaired as well as when travelling between different locations on the rail system by train or bus. Railroad workers who developed asbestos-related illnesses are usually awarded substantial compensation for their losses. This could include medical expenses, lost income, and emotional suffering. In some cases, the victim's family could receive compensation for wrongful death in the event of the loss of a loved one. Apart from Arlington asbestos attorney , railway workers have also been exposed to other workplace toxins, including diesel fuel, diesel exhaust, creosote welding fumes, silica sand, benzene-containing solvents and degreasers and secondhand smoke. This means that railroad workers are more susceptible to mesothelioma development than other workers. These symptoms may appear years after asbestos exposure. This is the reason it's essential for railroad workers who have been injured and their families to seek legal aid as soon as they can. This LibGuide does not provide legal advice. It is designed to be a tool for research for Villanova Law School faculty and students. Contact an experienced lawyer who is specialized in mesothelioma, to get more information or to discuss a specific issue. Contact information is provided below. If you are unable to reach an attorney or a trust fund, a trust fund for asbestos can help with filing a claim. State Law Claims The United States Constitution requires that federal law overrules state law. 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 a railroad worker's state law claims against manufacturers of asbestos-containing rail equipment in the event of injuries, such as 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 time. After retiring after a while, he was discovered to be mesothelioma-positive. He filed a lawsuit against the asbestos producers for failing to inform to warn him about the risks. The lawsuit also claimed that the railroad failed to provide the proper safety equipment. While mesothelioma and asbestos-related illnesses can be extremely difficult to detect, a skilled attorney can help victims understand their rights under FELA and other compensation options. Asbestos attorneys are familiar with the complexities of FELA and will ensure that their clients receive fair compensation for their damages. 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 with a high level of expertise in handling such cases. In addition, the lawsuits must include allegations of inadequate supervision or training and the defendant must show that mesothelioma suffered by a plaintiff was caused by on-the-job exposures. Many railway workers were affected by asbestos exposure when they worked in locomotive shops, on trains or in other areas. In fact, a study of railroad workers conducted in the 1980s found that 21% of the workers had been exposed to asbestos at work. Asbestos can cause a variety of diseases that include fibrotic lung disease and mesothelioma. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in helping railroad workers and families. As opposed to most workers, railroad employees do not have access to the standard workers' compensation system, which is found in all states. Instead, railroad employees who are suffering from occupational diseases such as mesothelioma have to bring a civil lawsuit under FELA. The FELA is not applicable to all railroads FELA is a federal law that outlines the responsibility of railroad employers for employees who are injured or are diagnosed with certain diseases. There are a few railroads that are covered by the law. Railroad workers must be employed by a common carrier that operates in interstate commerce to sue under the FELA. If railroad workers develop mesothelioma or a different asbestos-related disease following exposure to asbestos while at work they may sue their employer. It is important to keep in mind, however, that a railroad worker must demonstrate that their employer's negligence was the cause. A claimant must also show that the asbestos-related illness was contracted as a result. A FELA claim will not automatically provide compensation to a worker with mesothelioma diagnoses because mesothelioma-related symptoms are not likely to appear until decades after the initial exposure. An attorney for mesothelioma can help in proving the link between an injury and asbestos-related ailments. Lawyers at mesothelioma law firms will look into the asbestos exposure history of railroad workers and determine if they qualify for compensation. Although asbestos was banned from use in the United States, some older railway equipment still contains the harmful substance. Asbestos was used in nearly all steam locomotives' fireboxes and boilers, as well as in their cabooses and pipes to the mid-1980s. Additionally, railroads may have used asbestos in railcar insulation as well as industrial brake shoes and diesel engine gaskets. Asbestos in the workplace can be a serious issue. Sadly, many railroads knew about the risks of asbestos exposure, but did not take steps to protect their employees. As a result, thousands of railroad workers have been affected by asbestos-related diseases like mesothelioma. It is essential that workers seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are secured. An experienced attorney can assist a client in filing an effective lawsuit against a railroad company that did not take proper precautions to avoid asbestos-related illnesses. FELA Doesn't apply to All Railway Workers Railroad workers who are diagnosed with mesothelioma, asbestosis, or other illnesses linked to years of exposure to toxic substances have numerous legal options to choose from. A claim could include medical costs, funeral expenses, and other expenses in addition to compensation for discomfort and pain. It is important for those who worked on the railway to seek expert representation from a specialist railroad mesothelioma lawyer to ensure their legal rights and remedies are protected. Although pursuing a mesothelioma lawsuit against a former railroad company might sound difficult, it is possible to prevail in this type of case. The injured worker or their family must show that the railroad did not fulfill its obligation to safeguard workers, by failing to limit or monitor asbestos exposure. This negligence must be directly connected to the asbestos-related illness. Railway workers who suffer injuries should consult an experienced FELA attorney to determine the best course of action. FELA permits those who worked for a railroad that crosses state lines to sue both their employer and the equipment manufacturer. The law protects those who suffer injuries at work, as well as those who have been diagnosed with occupational illnesses such as mesothelioma or lung cancer. Despite the fact that FELA has improved workplace safety, there remain many dangers for workers. Railroad companies are not immune to serious misconduct to increase profits, despite the dangers. Asbestos no longer is used in the manufacture of railroad products, but older ones still are exposed to this substance. This is because the majority of steam train manufacturers used it in their fireboxes and pipes as well as boilers. Boxcars and cabooses were often lined with asbestos insulation. Despite the fact that statutes of limitations for FELA cases are lengthy and often a long time, it is vital to file a lawsuit as soon as you can after the first signs of symptoms. Asbestos victims should be able to get the financial compensation they require and are due by the responsible parties.