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Railroad Asbestos Claims Railroad workers who suffer from asbestos-related illnesses, such as mesothelioma, may claim compensation from their employers. These lawsuits are filed under the protections of the Federal Employers Liability Act, or FELA. Gastonia asbestos lawyers will try to blame a plaintiff's disease on something other than their occupational exposure to asbestos. They may blame genetics, smoking cigarettes or the environment and home of the plaintiff. Federal Employers Liability Act The Federal Employers Liability Act allows railroad workers to sue their employers if they contract mesothelioma or other asbestos-related diseases as a result exposure to asbestos that was not properly controlled. FELA, passed in 1908, allows 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 cases which makes it easier for them to win a case. Asbestos was commonly employed in railroad and train equipment due to its low cost, durability, flexibility as well as its fireproofing and thermal insulation properties. Asbestos is found in steam locomotives and railroad ties with their boilers. It is also found in brake gaskets, engine gaskets pad, locomotive parts and ceilings of cabooses, passenger cars and locomotive parts. Railroad workers also had exposure to asbestos during work in roundhouses and shops when locomotives were being overhauled and repaired as well as when traveling between places on the rail system by bus or train. Rail workers who develop asbestos-related illnesses receive a substantial amount of compensation. This could include medical expenses, lost income, and emotional pain. In some instances families of victims could be eligible to receive wrongful death damages for the loss of a loved one. Aside from asbestos, railway workers are also exposed to toxins in the workplace like diesel fuel creosote, diesel exhaust welding fumes, silica sand, benzene-containing solvents and degreasers herbicides, and secondhand smoke. This means that railway workers are more prone to developing mesothelioma than other workers. These symptoms may appear years after asbestos exposure. This is the reason it's essential for injured railroad workers and their families to seek legal aid immediately. This LibGuide doesn't offer legal advice. It is intended to serve as a research tool for Villanova Law School faculty and students. To obtain additional information or to discuss a particular matter, please contact an experienced mesothelioma attorney. Below are the contact details. If you are unable to reach an attorney, an asbestos trust fund can assist in filing mesothelioma lawsuits. 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 brought by railroad workers against manufacturers of asbestos-containing equipment to treat mesothelioma-related injuries. The victim was a welder and machinist working for a railroad company for almost 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, alleging that they failed to warn him about the dangers. The lawsuit also claimed the railroad was not able to provide adequate safety equipment. An experienced attorney can assist victims determine their eligibility for FELA as well as other options for compensation. Asbestos attorneys are familiar with FELA's intricacies 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 suffering mesothelioma might make claims under state law against asbestos-producing companies, but those claims must be filed in a state that has the highest level of expertise in handling such cases. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must also be able to prove that the plaintiff's mesothelioma is caused by exposures 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 revealed that 21% had been exposed to asbestos while working. Asbestos is a cause of a variety of illnesses such as fibrotic lungs disease and mesothelioma. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in assisting railroad workers and their families. Railroad employees, unlike other workers, don't have access to the standard workers' compensation coverage that is found in all states. Instead, railroad employees who suffer from occupational illnesses like mesothelioma need to bring a civil lawsuit under FELA. FELA Does Not Apply to All Railroad Companies FELA is an act of the federal government that defines the liability of railroad companies for employees who are injured or diagnosed with certain diseases. Not all railroads are covered by the law. A railroad worker must be employed by a common carrier that operates in interstate commerce to sue under the FELA. If a railroad worker is diagnosed with mesothelioma or another asbestos-related disease after being exposed to asbestos while at work, they can sue their employer. However, it is crucial to remember that the plaintiff must prove that their employer was negligent in their exposure to asbestos at work. In addition, a claimant must prove that the asbestos-related disease was sustained due to the exposure. A FELA claim does not automatically compensate a worker for mesothelioma-related diagnosis since mesothelioma symptoms typically do not manifest until a long time after the initial exposure. A mesothelioma attorney can assist in proving the connection between an injury and asbestos-related ailments. Lawyers from a mesothelioma law firm can examine a railroad employee's asbestos exposure history to determine whether they are eligible for compensation. Although asbestos is prohibited in the United States, older railway equipment may still contain harmful substance. For instance, the majority of steam trains had asbestos in their fireboxes, boilers, pipes and cabooses until the mid-1980s. In addition, railroads could have used asbestos in railcar insulation, industrial brake shoes and gaskets for diesel engines. Asbestos in the workplace could be a serious concern. Unfortunately, many railroad companies were aware of the dangers of asbestos exposure and did not protect their workers. Because of asbestos exposure, thousands railroad workers have been diagnosed with asbestos-related illnesses like mesothelioma. It is essential that workers consult an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their rights are protected. An experienced attorney can assist a client to file a successful lawsuit against a railroad company who did not take proper precautions to avoid asbestos-related illnesses. The FELA is not applicable to all railway workers Rail workers who are diagnosed with mesothelioma or asbestosis or other diseases which are the result of years of exposure 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 care 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 railroad mesothelioma lawyer firm to ensure that their legal rights and remedies are protected. Although pursuing a mesothelioma lawsuit against a former railroad employer might seem daunting, it is possible to prevail in this type of claim. However, the injured worker or his or her family members must prove that railroad company erred in its obligation to safeguard workers by not monitoring and/or limiting asbestos exposures. The asbestos-related illness must be directly connected to this lapse in care. Railway workers who are injured should consult with an experienced FELA attorney to determine the best course. FELA allows those who worked for a railroad company that crosses state lines to sue their employer and the equipment manufacturer. The law protects workers who are injured in the workplace, as well as those who have been diagnosed with occupational diseases such as mesothelioma or lung cancer. Despite the fact that FELA has increased safety at work, there remain many dangers for workers. Despite the risks railroad companies aren't overcommitting serious violations in order to maximize profits. Asbestos is not used anymore in the manufacturing of railroad products, but older ones are still exposed to this chemical. It is because it was used by nearly all steam locomotive manufacturers in their fireboxes and pipes. Boxcars and cabooses were typically lined with asbestos insulation. Despite the fact that statute of limitations for FELA cases are long, it is essential to file a lawsuit as soon as possible following the first signs of symptoms. Asbestos victims are entitled to the financial compensation they are entitled to and are due by the parties responsible.