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Railroad Asbestos Claims Railroad workers who suffer from asbestos-related diseases, such as mesothelioma, may be able to seek compensation from their employers. These lawsuits are filed under the protections of the Federal Employers Liability Act, or FELA. Defense lawyers try to blame a plaintiff's illness on anything other than their exposure to asbestos on the job. They may refer to genetics, smoking cigarettes smoking, or their home or neighborhood. Federal Employers Liability Act The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers when they contract mesothelioma or any other asbestos-related disease as a result of negligent exposure. FELA, adopted in 1908, permits railroad workers injured to pursue their employers without going through workers' compensation. FELA places the burden of proof on plaintiffs in FELA cases than in traditional injury claims and makes it easier to win the case. Asbestos was commonly used in train and railroad equipment due to its cheap cost, durability, flexibility as well as its fireproofing and thermal insulation properties. Asbestos was found in railroad tie-ups, steam locomotives, their engines, boilers as well as 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 shops for railroads and roundhouses when locomotives were overhauled or repaired as well as while traveling by bus or train between stations along the rail network. Railroad workers who contract asbestos-related diseases typically receive substantial compensation for their losses. This can include medical costs, lost income, and emotional pain. In certain cases the family of the victim may be able to receive compensation for the loss of their loved one. Railway workers are also exposed to other harmful substances while at work, such as diesel fuel, diesel exhaust fumes creosote, welding fumes and creosote. They may have also been exposed benzene-containing degreasers and solvents, herbicides, and secondhand smoke. As a result, railroad workers are more susceptible to mesothelioma forming than other workers. Most of the time, these symptoms do not show up until a few several years after the initial exposure to asbestos. It is essential that injured railroad workers and their families seek legal help as soon as they can. This LibGuide is not a source of legal advice. It is designed to be a research tool for Villanova Law School faculty and students. To find out more information or to discuss a particular matter you may contact a knowledgeable mesothelioma lawyer. Contact information is given below. If you're unable to reach an attorney or a trust fund for asbestos, an asbestos trust can assist in filing a mesothelioma claim. State Law Claims The United States Constitution requires that federal law trumps state law, and the Supreme Court upheld this principle in the recent case of Kurns v. Railroad Friction Products Corp. The Court ruled that the Locomotive Inspection Act (LIA) preempted railroad workers' state law claims against manufacturers of asbestos-containing rail equipment for injuries such as mesothelioma. The victim was a welding and machine operator who worked for a railroad firm for over 30 years and throughout his working life, he was exposed to asbestos-containing brakes as well as insulation materials. After retirement and diagnosis, his mesothelioma was discovered. He filed a lawsuit against asbestos manufacturers, claiming they did not warn him of the dangers and triggered the illness. The lawsuit also claimed the railroad did not provide the proper safety equipment. While mesothelioma and asbestos-related illnesses are extremely difficult to diagnose A skilled lawyer can assist victims in understanding their rights under FELA and other compensation options. Asbestos lawyers are knowledgeable of the complexities of FELA and can ensure that their clients receive a fair amount of compensation for their losses. The Supreme Court's decision in Kurns allowed railroad workers who develop mesothelioma, to pursue state law claims against the makers of asbestos. However, the claims must be filed in states with an expert level of expertise in handling cases like this. Additionally the lawsuits should contain allegations of inadequate supervision or training and the defendant must be able to demonstrate that the mesothelioma of a plaintiff was the result of exposure to asbestos 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 employees conducted in the 1980s indicated that 21% of the workers had been exposed to asbestos while at work. Asbestos is a toxic mineral that can cause a wide range of ailments that range from fibrotic lung diseases to mesothelioma and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience in helping railroad workers and their families. Unlike 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 like mesothelioma have to file a civil lawsuit under FELA. FELA Doesn't apply to All Railroad Companies FELA is a federal statute that defines railroad employers' liability for workers who suffer injuries or become diagnosed with certain diseases. However, not all railroads are covered by the law. Railroad workers must be employed by a common carrier who operates in interstate commerce to be able to sue under the FELA. This means that if a worker on the railroad is exposed to asbestos while at work and develops mesothelioma or another asbestos-related disease, they can bring a lawsuit against their employer. It is important to note that a railroad worker has to prove their employer was negligent. A claimant must also show that the asbestos-related illness was contracted as a result of. A FELA claim cannot compensate a worker who has been diagnosed with mesothelioma since mesothelioma-related symptoms usually are not evident until years after 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 the history of exposure to asbestos of a railroad worker and determine if they are eligible for compensation. Although asbestos has been banned in the United States, some older railway equipment is still made of the toxic material. 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 railcar insulation as well as industrial brake shoes and gaskets for diesel engines. Asbestos exposure in the workplace can be a serious problem. Unfortunately, many railroad companies knew about the risks of asbestos exposure, but did not protect their workers. As a result of asbestos exposure, a lot of railroad workers have been diagnosed with asbestos-related illnesses such as mesothelioma. Regardless of 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 their legal rights are protected. Denver asbestos lawsuit can help a client file an effective lawsuit against a railroad company who did not take proper precautions to avoid asbestos-related illnesses. FELA Doesn't apply to All Railway Workers Rail workers who are diagnosed with mesothelioma or asbestosis or other ailments which are the result of long-term exposure to toxic substances, have numerous legal options at their disposal. In addition to the compensation offered for pain and suffering, an action may also cover the cost of medical treatment funeral expenses, medical care and other expenses. For those who worked in the railroad industry, it is important to seek out experienced representation from a mesothelioma lawyer for railroads firm to ensure that their rights and remedies are secured. While pursuing a mesothelioma suit against a former railroad employer might seem difficult, it is possible to prevail in this type of case. The person who was injured or their family members must prove that the railroad company failed to do its duty to protect workers by not ensuring or limiting exposure to asbestos. This negligence must be directly linked to the asbestos-related illness. Railway workers who suffer injuries should consult with an experienced FELA attorney to determine the most appropriate course of action. FELA permits those who worked for a railroad company that crosses state lines to sue their employer as well as the equipment manufacturer. The law covers those who suffer injuries on the job and those who are diagnosed with occupational diseases such as mesothelioma and lung cancer. Although the passage of FELA has improved safety at work however, there are many dangers that exist for workers in this field. Despite the dangers railroad companies aren't above committing serious misconduct in the pursuit of maximizing profits. Asbestos no longer is employed in the manufacturing of railroad products, but older ones still are 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 the statute of limitations for FELA cases are lengthy and lengthy, it is crucial to start a lawsuit as soon as possible following the first signs of symptoms. Asbestos sufferers are entitled to the financial compensation they are due and due by the parties responsible.