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Railroad Asbestos Claims Railroad workers who contract asbestos-related illnesses, like mesothelioma can claim compensation from their employers. These lawsuits are filed under the protections provided by the Federal Employers Liability Act, or FELA. Defense lawyers will try to blame the plaintiff's illness on anything other than the asbestos exposure they experienced during their work. They may point to genetics, cigarette smoking, or even 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 suffer from mesothelioma or any other asbestos-related illness due to negligent exposure. FELA was approved in 1908 and permits injured railroad employees to sue their employers without having to go through the workers' compensation system. FELA places the burden of proof on plaintiffs in FELA cases than in traditional injury claims and makes it easier to win a case. Asbestos is commonly employed in railway and train equipment because of its low cost as well as its durability and flexibility. It also has excellent fireproofing and thermal insulating properties. Asbestos was present in railroad connections, steam locomotives and their engines, boilers engines, engine gaskets, brake pads locomotive parts, as well as other railcar parts like ceilings of cabooses and passenger cars. Railroad workers were exposed to asbestos while working in the shops of railroads and roundhouses, as locomotives were being overhauled, repaired or replaced and also when traveling by bus or train between locations along the rail network. Railroad workers who develop asbestos-related diseases typically receive significant compensation for their losses. This can include medical costs as well as lost income and emotional pain. In some cases the family members of the victim could be eligible for damages for wrongful death resulting from the loss of a loved one. Aside from asbestos, railroad workers have also been exposed to other workplace toxins, including diesel fuel creosote, diesel exhaust and welding fumes, silica sand, benzene-containing solvents and degreasers, herbicides and secondhand smoke. This means that railroad workers are more susceptible to mesothelioma development than other workers. In most cases the symptoms don't manifest themselves until some time after the worker's first exposure to asbestos. This is why it's important for railroad workers who have been injured and their families to seek legal aid as soon as they can. This LibGuide doesn't offer legal advice. It is designed to be a research tool for Villanova Law School faculty and students. Contact an experienced lawyer who is specialized in mesothelioma, to obtain more information or discuss a specific issue. Here are the contact information. If you're unable to contact an attorney, an asbestos trust fund can assist with filing mesothelioma claims. State Law Claims The United States Constitution mandates that federal law preempts state law. The Supreme Court confirmed this principle in its most recent case, Kurns v. Railroad Friction Products Corp. Schaumburg asbestos attorney declared that the Locomotive Inspection Act preempted state law claims by railroad workers against the manufacturers of asbestos-containing equipment to treat mesothelioma related injuries. The victim, a welder/machinist working for a railroad for over 30 years, was exposed to asbestos brakes and insulation throughout his career. After retirement, his mesothelioma was discovered. He filed a lawsuit against the asbestos manufacturers, claiming that they failed to warn him of the dangers, which led to his illness. The lawsuit also alleged that the railroad did not provide the proper safety equipment. An experienced attorney can assist victims determine if they are eligible for FELA as well as other compensation options. Asbestos lawyers are well-versed in the complexities of FELA and will ensure that their clients receive a fair compensation for their damages. The Supreme Court's ruling in Kurns opened the possibility for railroad workers who develop mesothelioma, to pursue state law claims against the manufacturers of asbestos. However, these claims must be filed in states that have the highest level of experience in handling cases like this. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must also 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 as well as in locomotive shops and in other areas of the railroad system. In fact, a study 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 deadly mineral that can cause wide range of ailments, from fibrotic lung disease to mesothelioma and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers as well as their families. Railroad employees, unlike other workers, are not able to access to the standard workers' compensation coverage that is found in all states. Instead, railroad employees who suffer from occupational illnesses like mesothelioma need to bring a civil lawsuit under FELA. FELA Doesn't apply to All Railroad Companies FELA is a federal law that outlines the liability of railroad employers for employees who are injured or are diagnosed with certain diseases. Not all railroads are covered under the law. In order for railroad workers to bring a lawsuit under FELA it must be employed by a company that is a common carrier engaged in interstate commerce. This means that if a railway worker is exposed to asbestos at work and develops mesothelioma or another asbestos-related illness, they can sue their employer. It is important to keep in mind, however, that a railroad worker has to prove their employer was negligent. A claimant must also show that the asbestos-related disease was contracted as a result of. A FELA claim does not automatically compensate a worker for mesothelioma-related diagnosis since mesothelioma-related symptoms are not likely to show up until a few decades after the initial exposure. When it comes to proving the connection between an injury and asbestos-related illness, a skilled mesothelioma lawyer can help. Lawyers from a mesothelioma law firm can review a railroad worker's asbestos exposure history to determine whether they qualify to receive compensation. While asbestos is banned in the United States, older railway equipment may still contain the harmful substance. For instance, nearly all steam trains had asbestos in their fireboxes, boilers, pipes and cabooses until the mid-1980s. Additionally, railroads may have used asbestos in the railcar insulation, industrial brake shoes and diesel engine gaskets. Exposure to asbestos in the workplace is a serious matter. Unfortunately, many railroads were aware about the dangers of asbestos exposure but failed to ensure their employees were protected. As a result, thousands of railroad workers have been affected by asbestos-related diseases such as mesothelioma. Whatever the Supreme Court's recent decision regardless of the Supreme Court's recent ruling, it is crucial for workers to speak with an experienced asbestos lawyer to ensure that all legal rights are secured. A knowledgeable lawyer can assist a client to file a successful lawsuit against a railroad firm that didn't take the proper safety measures to prevent asbestos-related diseases. FELA Doesn't apply to All Railway Workers Rail workers who are diagnosed with asbestosis or mesothelioma, or other illnesses which are the result of long-term exposure to toxic substances, have numerous legal options available to them. A claim can include medical expenses, funeral expenses, and other expenses in addition to compensation for pain and discomfort. For those who worked in the railroad industry, it's crucial to seek expert representation from a mesothelioma lawyer for railroads firm to ensure that their legal rights and remedies will be secured. It is possible to prevail in a mesothelioma lawsuit against a former railroad firm, even though it may seem daunting. However, the person injured or his or her family members must prove that the railroad company was negligent in its obligation to safeguard workers by not ensuring that it was able to limit and monitor asbestos exposures. The asbestos-related disease must be directly linked to this lapse in care. Railway workers who suffer injuries should consult with an experienced FELA attorney to determine the best course of action. People who worked for an operator of a railroad operating across state lines are able to sue their employer and the equipment manufacturer, under FELA. The law covers those who suffer injuries at work and those diagnosed with occupational diseases like mesothelioma or lung cancer. Although the passage of FELA has increased workplace safety but there are still a lot of hazards that are present for workers in this industry. Railroad companies are not above serious misconduct in order to maximize profits, despite the risks. Asbestos is no longer used in the manufacture of railroad products, but older ones are still exposed to this chemical. It is because it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. Boxcars and cabooses were often lined with asbestos insulation. Despite the fact that statute of limitations for FELA cases are long and often a long time, it is vital to file a lawsuit as soon as possible after the beginning of symptoms. Asbestos victims have the right to the financial compensation they deserve and are owed by those responsible.