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Railroad Asbestos Claims Railroad workers who develop asbestos-related diseases, such as mesothelioma, can seek compensation from their employers. These lawsuits are covered under the Federal Employers Liability Act (FELA). Defense lawyers attempt to blame a plaintiff's disease on something other than their exposure to asbestos on the job. They could blame genetics, smoking cigarettes or the home and environment of the plaintiff. Federal Employers Liability Act The Federal Employers Liability Act allows railroad employees to sue their employers in the event that they contract mesothelioma or any other asbestos-related illness because of negligence in 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 puts the burden of proof on plaintiffs in FELA cases than traditional injury claims and makes it easier to win the case. Asbestos was commonly employed in railroad and train equipment due to its cheap cost, durability, fireproofing and thermal insulation properties. Asbestos was found in railroad ties, steam locomotives and their boilers, brake pads, engine gaskets, locomotive parts and other railcar parts like ceilings of cabooses as well as passenger cars. Railroad workers also were exposed to asbestos during work at railroad shops and roundhouses when locomotives were overhauled and repaired and also when traveling between places on the rail system by train or bus. Railroad workers who contract asbestos-related illnesses are usually awarded significant compensation for their losses. This could include medical expenses and lost income as well as emotional suffering. In some cases families of victims could be eligible to receive compensation for the loss of a loved one. Railway workers also are exposed to other toxic substances in their work environment, such as diesel fuel, exhaust fumes from diesel engines creosote, welding fumes and creosote. They may have also been exposed to benzene-containing cleaners, herbicides, solvents, and secondhand smoke. Railroad workers are more likely than many others to develop mesothelioma as a result of these exposures. Most of the time the symptoms don't manifest themselves until some time after the worker's first exposure to asbestos. This is why it's crucial for railroad workers who have been injured and their families to seek legal assistance as soon as possible. This LibGuide does not provide legal advice. It is designed to be a research tool for Villanova Law School faculty and students. Contact an experienced lawyer who specializes in mesothelioma to get more information or discuss a specific matter. Contact information is provided below. If you are unable to reach an attorney or a trust fund, a trust fund for asbestos can help with filing an asbestos claim. State Law Claims The United States Constitution mandates that federal law overrides state law. The Supreme Court confirmed this principle in its recent decision, Kurns v. Railroad Friction Products Corp. The Court declared that the Locomotive Inspection Act preempted state law claims by railroad workers against the manufacturers of asbestos-containing equipment for injuries like mesothelioma. The victim was a welder and machinist who worked in a railroad company for over 30 years and throughout his career he was exposed to asbestos-containing brakes as well as insulation materials. After retirement the following year, he was diagnosed to have mesothelioma. He sued the asbestos manufacturers, alleging that they failed to warn him about the dangers. The lawsuit also claimed that the railroad did not to provide adequate safety equipment. While mesothelioma and asbestos-related diseases are difficult to identify An experienced attorney can help victims understand their eligibility for FELA and other compensation options. Asbestos attorneys are familiar with FELA's intricacies and can ensure that their clients receive a fair amount of compensation for their injuries. The Supreme Court's ruling in Kurns opened the possibility for railroad workers who develop mesothelioma to pursue state law claims against the makers of asbestos. However, claims must be filed in states with an expert level of expertise in handling cases such as this. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must also be able to prove that the mesothelioma that the plaintiff suffers from is due to exposure to asbestos on the job. Many railway workers were affected by asbestos exposure while they worked in locomotive shops, on trains and in other areas. A survey of railroad workers in the 1980s revealed that 21% had been exposed to asbestos while working. Asbestos is a deadly mineral that can cause a diverse range of ailments including fibrotic lung disease to mesothelioma and the mesothelioma attorneys at Simmons Hanly Conroy have extensive experience helping railroad workers as well as their families. As opposed to most workers, railroad employees do not have access to the standard workers' compensation system that is available in all states. Instead, railroad workers who are suffering from occupational diseases like mesothelioma need to bring a civil lawsuit under FELA. FELA Doesn't apply to All Railroad Companies FELA is a federal law that outlines the liability of railroad companies for employees who are injured or diagnosed with certain diseases. Some railroads are not covered by the law. To be Rochester asbestos attorneys to bring a lawsuit under FELA, they must be employed by a company that is a common carrier in interstate commerce. If railroad workers develop mesothelioma or a different asbestos-related disease following exposure to asbestos during work they may sue their employer. It is crucial to remember that a plaintiff must demonstrate that their employer was negligent in their workplace exposure. A claimant must also demonstrate that the asbestos-related illness contracted as a result of. A FELA claim is not a way to pay a worker who has been diagnosed with mesothelioma because mesothelioma-related symptoms usually do not appear until decades after exposure. A mesothelioma lawyer can aid in proving the link between an injury and asbestos-related diseases. Attorneys at mesothelioma law firms can look into the asbestos exposure history of railroad workers and determine if they are eligible for compensation. Although asbestos was banned from use in the United States, some older railway equipment still has the harmful substance. Asbestos was present in nearly all steam locomotives' fireboxes and boilers, as well as in their cabooses and pipes to the mid-1980s. Railroads may also have used asbestos for railcar insulation, industrial braking shoes, and diesel engine gaskets. Asbestos exposure in the workplace can be a serious concern. Unfortunately, many railroads knew about asbestos's dangers but failed to protect their workers. In the end thousands of railroad employees have suffered from asbestos-related illnesses like mesothelioma. It is important that workers seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are secured. A knowledgeable lawyer can assist a client to file an effective lawsuit against a railroad company that did not take the appropriate precautions to prevent asbestos-related diseases. The FELA does not apply to all railway workers Rail workers who are diagnosed with mesothelioma, asbestosis or other diseases which are the result of long-term exposure to toxic substances, have numerous legal options available to them. In addition to the compensation offered for pain and suffering, an action may also cover the cost of medical treatment funeral costs, as well as other expenses. It is essential for those who worked on the railroad to seek out experienced representation from a specialized railroad mesothelioma attorney in order to better ensure their rights and remedies are safeguarded. It is possible to obtain a mesothelioma settlement against a former railroad company even though it might seem overwhelming. However, the person injured or his or her family must prove that the railroad company erred in its duty to protect workers by failing to monitor and/or limit exposure to asbestos. The asbestos-related illness must be directly connected to this negligence. Injured railway workers should hire an experienced FELA lawyer to determine the best course of action. FELA allows those who worked for a railroad that crossed state lines to sue their employer and the equipment manufacturer. The law covers workers who are injured at work and those diagnosed with occupational diseases such as mesothelioma and lung cancer. While the passage of FELA has increased safety in the workplace but there are still a lot of hazards that are present for workers in this industry. Despite the dangers, railroad companies are not free from serious misdeeds in their quest to maximize profits. Asbestos is no longer utilized in the manufacture of railroad products, but older ones are still exposed to the substance. This is because almost all steam railroad manufacturers used it in their fireboxes, pipes, and boilers. Asbest insulation was also used to line cabooses and boxes. Despite the long period of limitations in FELA cases it is crucial to file a suit as soon as symptoms appear. Asbestos victims should be able to get the financial compensation they deserve and are owed by the parties responsible.