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Railroad Asbestos Claims Railroad workers suffering from asbestos-related diseases, such as mesothelioma, may claim compensation from their employers. These lawsuits are filed under the protections of the Federal Employers Liability Act, or FELA. Defense lawyers may try to blame the illness of a plaintiff on something other than their exposure to asbestos on the job. They may point to genetics, cigarette smoking, or their home or neighborhood. 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 because of exposure to asbestos that was not properly controlled. FELA, passed in 1908, allows railroad workers injured to sue their employers without going through workers compensation. FELA also puts an easier burden of proof on plaintiffs than traditional injury cases, which makes it easier for workers to prevail in their cases. Asbestos is commonly used in train and railway equipment because of its low cost as well as its durability and flexibility. It also has excellent fireproofing and thermal insulation properties. Asbestos was present in railroad tie-ups, steam locomotives, their boilers as well as brake pads, engine gaskets locomotive parts, as well as other railcar components such as ceilings of cabooses as well as passenger cars. Stamford asbestos attorneys were exposed to asbestos when working in shops for railroads and roundhouses when locomotives were being overhauled, repaired or replaced as well as while traveling by train or bus between various locations on the rail network. Rail workers who develop asbestos-related diseases receive substantial compensation. This could include medical expenses and lost income as well as emotional pain. In some cases the family of the victim could receive compensation for wrongful death for the loss of their loved one. Railway workers are also exposed other harmful substances while in their work environment, such as diesel fuel, exhaust fumes from diesel engines creosote, welding fumes and creosote. They may also have been exposed to benzene-containing degreasers, herbicides, solvents, and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as the result of these exposures. The symptoms can manifest years after an 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. The information contained in this LibGuide is designed to be a research aid to Villanova Law School students and faculty members, and is not legal advice. Please contact an experienced attorney who specializes in mesothelioma to learn more about the disease or discuss a specific issue. Below are the contact details. If you're unable to contact 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 mandates that federal law preempts state law. The Supreme Court confirmed this principle in its recent decision, Kurns v. Railroad Friction Products Corp. The Court ruled the Locomotive Inspection Act preempted state law claims by railroad workers against the manufacturers of asbestos-containing equipment for mesothelioma related injuries. The victim, a welder/machinist working for a railroad for over 30 years and was exposed to asbestos brakes and insulation throughout his entire career. After retirement and diagnosis, the mesothelioma diagnosis was confirmed. He sued the asbestos manufacturers for failing to inform him to warn of the dangers. The lawsuit also claimed that the railroad failed to provide appropriate safety equipment. While mesothelioma and asbestos-related illnesses are extremely difficult to detect An experienced lawyer can assist victims in understanding their legal rights under FELA and other compensation options. Asbestos attorneys are knowledgeable of the intricacies of FELA and can make sure that their clients receive a fair amount for their damages. The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma may pursue state law claims against asbestos manufacturers, but those claims must be filed in a state that has an expert level in handling such cases. The lawsuits must also include allegations of inadequate supervision or training. A defendant must be able prove that the plaintiff's mesothelioma is caused by exposure to asbestos on the job. Many railway workers were affected by asbestos exposure while they worked in locomotive shops, on trains or in other areas. In fact, a survey of railroad employees conducted in the 1980s revealed that 21% of those workers had likely been exposed to asbestos at work. Asbestos can trigger a range of ailments that include fibrotic lung mesothelioma and lung cancer. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in helping railroad workers and families. Railroad employees, unlike many workers, do not have access to the standard workers' compensation coverage that is found in all states. Instead, railroad employees who suffer from occupational illnesses such as mesothelioma are required to file a civil lawsuit under FELA. FELA Doesn't apply to All Railroad Companies FELA is an act of the federal government that defines the responsibility of railroad employers for employees who are injured or are diagnosed with certain ailments. However it is not the case that all railroads are covered by the law. In order for a railroad worker to sue under FELA, they must be employed by a firm that is a common carrier that operates in interstate commerce. This means that if a worker on the railroad is exposed to asbestos in the workplace and develops mesothelioma or an asbestos-related illness, they may file a lawsuit against their employer. However, it is crucial to remember that a worker must prove that their employer was negligent in their exposure to asbestos at work. A claimant must also prove that the asbestos-related illness was contracted as a result. A FELA claim is not a way to pay a worker who has been diagnosed with mesothelioma as mesothelioma symptoms typically do not appear until decades after the initial exposure. An attorney for mesothelioma can help in proving the connection between an injury and asbestos-related diseases. Lawyers at a mesothelioma law firm can look into the asbestos exposure history of a railroad worker and determine whether or not they are entitled to compensation. Although asbestos is banned in the United States, older railway equipment may still contain the hazardous material. For instance, the majority of steam trains had asbestos in their fireboxes, boilers and cabooses up to the mid-1980s. Railroads could also have used asbestos for insulation of railcars and industrial braking shoes and gaskets for diesel engines. Asbestos exposure in the workplace is a dangerous issue. Sadly, many railroad companies were aware of the dangers of asbestos exposure and failed to protect their workers. As a result of asbestos exposure, a lot of railroad workers have been diagnosed with asbestos-related illnesses such as mesothelioma. In spite of the Supreme Court's recent ruling, it is essential for workers to speak with an experienced asbestos lawyer to ensure that their legal rights are secured. An experienced attorney can assist a client to file a successful lawsuit against a railroad firm that didn't take the proper precautions to avoid asbestos-related diseases. The FELA is not applicable to all railway employees. Rail workers who are diagnosed with mesothelioma or asbestosis, or other illnesses which are the result of years of exposure toxic substances, have many legal options at their disposal. In addition to the compensation that is available for pain and suffering claims can also cover the cost of medical care funeral costs, as well as other expenses. For those who worked in the railroad industry, it is essential to seek experienced representation by a mesothelioma attorney from a railroad firm to ensure that their legal rights and remedies will be protected. While pursuing a mesothelioma suit against a former railroad employer may sound difficult, it is possible to prevail in this type of claim. The injured worker or their family members must prove that the railroad failed to do its duty to safeguard workers, by failing to monitor or limit asbestos exposure. The asbestos-related disease must be directly connected to the negligence. Railway workers who suffer injuries should consult with an experienced FELA attorney to determine the best course. Those who were employed by railroads that operate across state lines are able to sue their employer and also the manufacturer of the equipment, under FELA. The law applies to both employees who suffer injuries on the job as well as those who suffer from occupational diseases such as mesothelioma and lung cancer. Despite the fact that FELA has increased safety at work but there are still a lot of risks for workers. Despite the risks railroad companies aren't above committing serious misconduct in their quest to maximize profits. Asbestos is no longer used in the manufacture of railroad products, but older ones are still exposed to this chemical. This is due to the fact that it was used by almost all steam locomotive manufacturers in their fireboxes and pipes. Boxcars and cabooses were often lined with asbestos insulation. Despite the fact that the statutes of limitations for FELA cases are long and often a long time, it is vital to begin a lawsuit as quickly as you can after the onset of symptoms. Asbestos victims should be able to get the financial compensation they deserve and are owed by the parties responsible.