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Railroad Asbestos Claims Railroad workers who contract asbestos-related illnesses, like mesothelioma can be able to seek compensation from their employers. These lawsuits are filed under the protections provided by the Federal Employers Liability Act, or FELA. Defense lawyers will try and blame the plaintiff's illness on anything but their exposure to asbestos on the job. They may blame genetics, smoking cigarettes or the home and environment of the plaintiff. Federal Employers Liability Act The Federal Employers Liability Act allows railroad workers to sue their employers in the event that they contract mesothelioma or other asbestos-related diseases due to exposure to asbestos that was not properly controlled. FELA was passed in 1908 and allows injured railroad workers to sue their employers without having to undergo the workers compensation system. FELA places less 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 as well as its fireproofing and thermal insulation properties. Asbestos can be found on steam locomotives and railroad ties along with boilers. It can also be found in engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive parts. Railroad workers also had exposure to asbestos during work at roundhouses and railroad 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 illnesses receive a substantial amount of compensation. This could include medical expenses as well as lost income and emotional pain. In certain cases the family of the victim can receive wrongful death compensation in the event of the loss of a loved one. In addition to 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 degreasers and solvents, herbicides and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as the result of these exposures. These symptoms may appear years after asbestos exposure. It is important that railroad workers injured and their family members seek legal assistance as quickly as they can. This LibGuide does not provide legal advice. It is intended to be a tool for research for Villanova Law School faculty and students. Contact an experienced attorney who is specialized in mesothelioma, to get more information or discuss a specific issue. Contact information is provided below. If you are unable contact an attorney or a trust fund, a trust fund for asbestos can help with making an asbestos claim. State Law Claims The United States Constitution requires that federal law trumps state law. The Supreme Court upheld this principle in the recent case of 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 for mesothelioma related injuries. The victim, a machine operator/welder for a railroad for more than 30 years, was exposed to asbestos brakes and insulation throughout his time. After his retirement and diagnosis, the mesothelioma diagnosis was confirmed. He filed a lawsuit against asbestos manufacturers, claiming that they did not warn him of the dangers, which led to the disease. The lawsuit also claimed that the railroad failed in providing appropriate safety equipment. An experienced attorney can assist victims determine whether they qualify for FELA as well as other options for compensation. Asbestos lawyers are well-versed in the complexities of FELA and can 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 mesothelioma might make claims under state law against asbestos manufacturers, but the claims must be filed in a state with an expert level in handling such cases. The lawsuits must also include allegations of a lack of supervision or training. A defendant must be able prove that the mesothelioma that the plaintiff suffers from is due to exposures on the job. Many railway workers were afflicted by asbestos exposure when they worked in locomotive shops, on trains, and in other areas. In fact, a study of railroad workers carried out in the 1980s found that 21% of those workers had been exposed to asbestos at work. Asbestos is a cause of a variety of diseases that include fibrotic lung mesothelioma and lung cancer. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in assisting railroad workers and their families. Railroad employees, unlike many workers, are not able to access the standard workers' compensation that is available in all states. Instead, railroad employees who suffer from occupational illnesses like mesothelioma have to file a civil suit under FELA. The FELA is not applicable to all railroad companies. FELA is a federal law which defines railroad employers' liability for employees who suffer injuries or are diagnosed with certain ailments. However, not all railroads are covered by the law. A railroad worker must be employed by a common carrier that is involved in interstate commerce in order to sue under the FELA. This means that if a worker on the railroad is exposed to asbestos at work and develops mesothelioma or another asbestos-related disease, they can bring a lawsuit against their employer. It is important to note that the plaintiff must demonstrate that their employer was negligent in their exposure at work. Additionally, a claimant must prove that the asbestos-related disease was sustained because of the exposure. A FELA claim does not automatically compensate a worker for mesothelioma-related diagnosis since mesothelioma symptoms usually do not show up until a few decades after the initial exposure. A mesothelioma lawyer can aid in proving the connection between an injury and asbestos-related illnesses. Lawyers at a mesothelioma law firm can review the history of exposure to asbestos of a railroad worker and determine if they are entitled to compensation. Although asbestos has been banned from use in the United States, some older railway equipment still contains the harmful substance. Asbestos was present in nearly all steam locomotives' fireboxes and boilers as well as their cabooses and pipes up until the mid-1980s. Railroads may also have utilized asbestos for railcar insulation as well as industrial braking shoes and diesel engine gaskets. Asbestos exposure in the workplace can be a serious issue. Sadly, many railroad companies were aware of the dangers of asbestos exposure and did not take steps to protect their employees. Due to asbestos exposure, thousands railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma. It is essential that workers seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are protected. An experienced lawyer can help clients file an effective lawsuit against railroad companies who didn't take the proper security 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 years of exposure to toxic substances, have many legal options available to them. In addition to the compensation available for pain and suffering an action may also cover the cost of medical expenses funeral expenses, medical care and other expenses. For those who worked in the railroad industry, it is important to seek out experienced representation by a mesothelioma attorney from a railroad firm to ensure that their legal rights and remedies are protected. While pursuing a mesothelioma suit against a former railroad employer may sound intimidating, it is feasible to succeed in this type of claim. The person who was injured or their family must show that the railroad did not perform its duty to protect workers by failing to monitor or limit asbestos exposure. The asbestos-related illness has to be directly linked to the negligence. Railway workers who are injured should consult an experienced FELA attorney to determine the most appropriate course of action. FELA allows those who worked for a railroad that crosses state lines to sue both their employer and the manufacturer of the equipment. The law protects workers who are injured at work as well as those diagnosed with occupational diseases such as mesothelioma or lung cancer. Despite the fact that FELA has improved workplace safety but there are still a lot of risks for workers. Despite the risks railroad companies aren't free from serious misdeeds in the pursuit of maximizing profits. Asbestos no longer is used in the manufacture of railroad products, but older ones are still exposed to the substance. This is due to the fact that it was used by nearly all steam locomotive manufacturers in their fireboxes and pipes. Additionally, cabooses and boxcars were typically lined with asbestos insulation. Despite Lancaster asbestos lawsuit that the statutes of limitations for FELA cases are lengthy, it is essential to begin a lawsuit as quickly as possible following the beginning of symptoms. Asbestos victims deserve to receive the financial compensation they deserve and are due by the parties responsible.