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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 covered under the Federal Employers Liability Act (FELA). Defense lawyers may attempt to blame the illness of a plaintiff 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 (FELA) The Federal Employers Liability Act allows railroad workers to sue their employers in the event that they develop mesothelioma, or other asbestos-related diseases as a result negligence in exposure. FELA was passed in 1908, allows railroad workers who are injured to pursue their employers without going through workers' compensation. FELA places a lower burden on plaintiffs in FELA cases than traditional injury cases, making it easier to win the case. Asbestos is commonly employed in railway and train equipment because of its low cost and its durability and flexibility. It also has excellent thermal and fireproofing insulation properties. Asbestos was used in railroad connections, steam locomotives and their boilers, engine gaskets, brake pads locomotive parts, and other railcar components such as ceilings of cabooses and passenger cars. Railroad workers were exposed asbestos when working in the shops of railroads and roundhouses, when locomotives were being overhauled or repaired as well as while traveling by train or bus between locations along the rail network. Railroad workers who developed asbestos-related illnesses are usually awarded large amounts of compensation for their losses. This can include medical expenses along with lost income and emotional pain. In some cases, a victim's family could be eligible for compensation for the loss of a loved one. Apart from asbestos, railway workers have also been exposed to other workplace toxins like diesel fuel creosote, diesel exhaust welding fumes, silica sand, benzene-containing solvents and degreasers herbicides, and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as the result of these exposures. The symptoms can be noticed years after an asbestos exposure. It is important that railroad workers injured and their families seek legal assistance as quickly as they can. The information contained in this LibGuide is designed solely as a research supplement to Villanova Law School students and faculty members, and does not constitute legal advice. Please contact an experienced attorney who specializes in mesothelioma law to get more information or discuss a specific matter. Contact information is given below. If you cannot contact an attorney or trust fund, a trust account for asbestos may be able to assist you in filing an asbestos 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 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, a machine operator/welder for a railroad for nearly 30 years, was exposed to asbestos brakes and insulation throughout his career. After retirement, he was found to be suffering from mesothelioma. He filed a lawsuit against the asbestos producers for failing to inform to warn him of the dangers. The lawsuit also claimed that the railroad did not to provide the proper safety equipment. While mesothelioma and asbestos-related illnesses are extremely difficult to detect, a skilled attorney can help victims understand their eligibility for FELA and other compensation options. Asbestos attorneys are knowledgeable of the complexities of FELA and can ensure that their clients receive fair compensation for their injuries. The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma might seek state law claims against asbestos manufacturers, but these claims must be filed in a state with the highest level of expertise in handling these cases. Additionally, the lawsuits must include allegations of improper supervision or training and the defendant must show that mesothelioma suffered by a plaintiff was the result of exposure to asbestos on the job. Many railway workers were afflicted by asbestos exposure as they worked in locomotive shops, on trains, and in other areas. A survey of railroad workers in the 1980s showed that 21% of them had been exposed to asbestos at work. Asbestos can cause a variety of ailments such as fibrotic lungs mesothelioma and lung cancer. The mesothelioma lawyers of Simmons Hanly Conroy are experienced in assisting railroad workers and their families. Sunnyvale asbestos lawsuit , unlike other workers, don't have access to the common workers' compensation that is available in all states. Instead, railroad employees who are suffering from occupational diseases like mesothelioma need to file a civil suit under FELA. The 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 are diagnosed with certain diseases. Not all railroads are covered by the law. A railroad worker must be employed by a common carrier who is involved in interstate commerce to be able to sue under the FELA. If a railroad worker is diagnosed with mesothelioma or another asbestos-related illness after being exposed to asbestos while at work they may be able to sue their employer. It is important to keep in mind, however, that a railroad worker has to demonstrate that their employer's negligence was the cause. A claimant must also prove that the asbestos-related disease was contracted as a result. A FELA claim is not a way to compensate a worker who has been diagnosed with mesothelioma since mesothelioma symptoms typically don't manifest until decades after exposure. A mesothelioma attorney can assist in proving the link between an injury and asbestos-related diseases. Attorneys from a mesothelioma firm can review a railroad worker's asbestos exposure history and determine if they are eligible to receive compensation. Although asbestos was banned from use in the United States, some older railway equipment still contains the toxic material. For instance, the majority of steam trains used asbestos in their fireboxes, boilers pipes, cabooses and fireboxes up to the mid-1980s. In addition, railroads could have used asbestos in railcar insulation, industrial brake shoes, and diesel engine gaskets. Exposure to asbestos in the workplace is a serious matter. Unfortunately, many railroad companies knew about the risks of asbestos exposure, but did not take steps to protect their employees. In the end thousands of railroad workers have been diagnosed with asbestos-related illnesses like 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. A knowledgeable attorney can assist a client to file a successful lawsuit against a railroad company who did not take the appropriate precautions to avoid asbestos-related illnesses. The FELA does not apply to all railway workers Railroad workers who become diagnosed with mesothelioma or asbestosis or other illnesses linked to years of exposure to toxic substances have numerous legal options available to them. The claim may include funeral costs, medical expenses, and other expenses in addition to compensation for discomfort and pain. 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 rights and remedies are protected. While pursuing a mesothelioma lawsuit against a former railroad employer might sound difficult, it is possible to prevail in this type of lawsuit. The person who was injured or their family must show that the railroad did not perform its duty to safeguard workers, by not ensuring or limiting asbestos exposure. This negligence must be directly connected to the asbestos-related disease. Railway workers who are injured should consult with an experienced FELA attorney to determine the most appropriate course of action. FELA allows employees who worked for a railroad that crosses state lines to sue their employer as well as the equipment manufacturer. The law covers workers who are injured at work and those who suffer from occupational diseases like mesothelioma or lung cancer. Although the passage of FELA has increased safety in the workplace however, there are many hazards that are present for workers in this industry. Railroad companies are not immune to serious misconduct to increase profits, despite the risks. Asbestos no longer is employed in the manufacturing of railroad equipment, however older ones are still exposed to this chemical. This is because the majority of steam train manufacturers used asbestos in their fireboxes, pipes and boilers. Boxcars and cabooses were often lined with asbestos insulation. Despite the long statute of limitations in FELA cases, it is important to file a lawsuit as soon as symptoms appear. Asbestos victims have the right to the financial compensation that they deserve and are owed by those responsible.