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Railroad Asbestos Claims Railroad workers who suffer from asbestos-related illnesses, like mesothelioma, can claim compensation from their employers. These lawsuits are filed under 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 at work. They may blame smoking cigarettes, genetics or the environment and home of the plaintiff. Federal Employers Liability Act The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers if they develop mesothelioma or any other asbestos-related disease due to negligent exposure. FELA was adopted in 1908 and allows injured railroad workers to sue their employer without the need to go through the workers' compensation system. FELA also puts a lower burden of proof on plaintiffs than traditional injury cases, which makes it easier for workers to win their case. Asbestos is often employed in railway and train equipment because of its low cost and its durability and flexibility. It also is a great fireproofing material and has excellent thermal insulation properties. Asbestos was used in railroad connections, steam locomotives and their engines, 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 exposed asbestos when working in railroad shops and roundhouses, as locomotives were overhauled or repaired as well as while traveling by bus or train between locations along the rail network. Rail workers who contract asbestos-related illnesses are compensated for a large amount. This can include medical expenses, lost income, and emotional suffering. In some instances, the victim's family could receive compensation for wrongful death in the event of the loss of a loved one. In addition to asbestos, railway 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 herbicides, and secondhand smoke. As a result, railway workers are more susceptible to developing mesothelioma than other workers. The symptoms can appear years after asbestos exposure. This is why it's crucial for railroad workers injured and their families to seek legal assistance as soon as possible. The information contained in this LibGuide is designed solely as a research supplement to Villanova Law School students and faculty. It does not constitute legal advice. Contact an experienced attorney who specializes in mesothelioma law to get more information or discuss a specific issue. Contact information is listed below. If you are unable to get in touch with an attorney or a trust fund for asbestos, an asbestos trust can assist with filing mesothelioma claims. State Law Claims The United States Constitution mandates that federal law overrides state law. The Supreme Court confirmed this principle in its most recent case, Kurns v. Railroad Friction Products Corp. The Court declared that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against asbestos-containing manufacturers of rail equipment for injuries like mesothelioma. The victim was a welding and machinist who worked for a railroad company for over 30 years and throughout his time he was exposed to asbestos-containing brakes and insulation materials. After retirement after which his mesothelioma was discovered. He sued the asbestos manufacturers for failing to inform to warn him about the risks. The lawsuit also claimed that the railroad failed to provide adequate safety equipment. A knowledgeable attorney can help victims determine their eligibility for FELA and other compensation options. Asbestos attorneys are familiar with the complexities of FELA and can ensure that their clients receive a fair compensation for their damages. The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma might pursue state law claims against asbestos producers, however the claims must be filed in a state with the highest level of expertise in handling such cases. Additionally the lawsuits should contain allegations of inadequate supervision or training, and a defendant must be able to show that mesothelioma suffered by a plaintiff was the result of exposure to asbestos on the job. Many railway workers were affected by asbestos exposure when they worked in locomotive shops, on trains or in other areas. A survey of railroad workers in the 1980s revealed that 21% of them had been exposed to asbestos while at work. Asbestos is a cause of a variety of illnesses, including fibrotic lungs mesothelioma and lung cancer. The mesothelioma lawyers of Simmons Hanly Conroy are experienced in helping railroad workers and families. Railroad employees, unlike most workers, don't have access to the common workers' compensation found in all states. Instead, railroad workers who suffer from occupational illnesses like mesothelioma have to file a civil lawsuit under FELA. FELA Does Not Apply to All Railroad Companies FELA is a federal law that outlines the liability of railroad employers for employees who are injured or diagnosed with certain ailments. Not all railroads are covered by the law. Railroad workers must be employed by a common carrier that engages in interstate commerce to be able to sue under the FELA. If railroad workers develop mesothelioma or another asbestos-related illness after being exposed to asbestos while working, they can sue their employer. It is important to note that a railroad worker has to demonstrate that their employer's negligence was the cause. In Merced asbestos lawsuit , a claimant must also show that the asbestos-related disease was sustained because of the exposure. A FELA claim will not automatically provide compensation to a worker with a mesothelioma diagnosis because mesothelioma-related symptoms are not likely to appear until decades after the initial exposure. If you need to prove 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 for compensation. While asbestos is banned in the United States, older railway equipment could still contain the harmful substance. Asbestos was used in nearly all steam locomotives' fireboxes as well as boilers as well as their pipes and cabooses up to the mid-1980s. In addition, railroads could have used asbestos in the railcar insulation, industrial brake shoes, and diesel engine gaskets. Asbestos in the workplace can be a serious concern. Unfortunately, many railroad companies knew about the risks of asbestos exposure and failed to protect their workers. Due to asbestos exposure, thousands of railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma. It is crucial that employees seek out an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are secured. A knowledgeable attorney can assist a client in filing an effective lawsuit against a railroad company who did not take the appropriate precautions to avoid 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 to choose from. In addition to the compensation available for pain and suffering, an action may also cover the cost of medical treatment, funeral costs and other expenses. For those who worked in the railroad industry, it's important to seek out experienced representation from a mesothelioma lawyer for railroads firm to ensure that their legal rights and remedies are secured. While pursuing a mesothelioma lawsuit against a former railroad company might sound difficult, it is possible to succeed in this type of lawsuit. The person who was injured 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 has to be directly related to the asbestos-related illness. Railway workers who are injured should consult with an experienced FELA attorney to determine the best course of action. Those who were employed by an operator of a railroad operating across state lines are able to sue their employer and the manufacturer of the equipment under FELA. The law applies to both workers who are injured on the job and those who are diagnosed with occupational diseases such as mesothelioma and lung cancer. Despite the fact that FELA has improved workplace safety but there are still a lot of risks for workers. Railroad companies are not immune to serious misconduct to increase profits, despite the risks. Asbestos is no longer utilized in the production of railroad equipment, but older ones are still exposed to this chemical. It's because it was used by almost all steam locomotive manufacturers in their pipes and fireboxes. Asbest insulation was also used to line cabooses and boxes. Despite the fact that time limits for FELA cases are long, it is essential to start a lawsuit as soon as you can after the onset of symptoms. Asbestos victims have the right to the financial compensation they are due and owed by those responsible.