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Railroad Asbestos Claims Railroad workers who contract asbestos-related illnesses, such as mesothelioma, can claim compensation from their employers. These lawsuits are filed under the protections provided by the Federal Employers Liability Act or FELA. Defense lawyers may try to blame the illness of a plaintiff on anything other than exposure to asbestos on the job. They might refer to genetics, smoking cigarettes smoking or their home and neighborhood. Federal Employers Liability Act (FELA) The Federal Employers Liability Act allows railroad workers to sue their employers if they develop mesothelioma, or other asbestos-related diseases as a result negligent exposure. FELA was adopted in 1908 and allows injured railroad workers to sue their employers without needing to undergo the workers compensation system. FELA places a lower burden on plaintiffs in FELA cases than traditional injury claims and makes it easier to win the case. Asbestos is commonly used in train and railroad equipment due to its low cost, its durability and fireproofing properties. Asbestos can be found on railroad ties and steam locomotives along with boilers. It is also present in engine gaskets, brake pad, locomotive parts and ceilings of cabooses, passenger cars and locomotive parts. Railroad workers also were exposed to asbestos during repair work at roundhouses and railroad shops when locomotives were overhauled and repaired, as well as while traveling between locations along the rail network via train or bus. Rail workers who contract asbestos-related illnesses are compensated for a large amount. This could include medical expenses and lost income as well as emotional suffering. In some instances, the victim's family could receive compensation for wrongful death for the loss of their loved one. Railway workers also are exposed to other toxic substances at work, including 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 a result of these exposures. These symptoms can often appear years after asbestos exposure. This is why it's important for injured railroad workers and their families to seek legal aid as soon as they can. This LibGuide is not a source of legal advice. It is intended to be a tool for research for Villanova Law School faculty and students. Please contact an experienced attorney who specializes in mesothelioma to learn more about the disease or discuss a specific issue. Here are the contact details. If you are unable contact an attorney or trust fund, a trust account for asbestos may be able to assist you in making a claim. State Law Claims The United States Constitution requires that federal law prevails over state law. The Supreme Court upheld this principle in the recent case of Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act (LIA) preempted a railroad worker's state law claims against the manufacturers of asbestos-containing rail equipment for injuries like mesothelioma. The victim was a welder and machine operator who worked for a railroad firm for more than 30 years and throughout his time he was exposed to asbestos-containing brakes and insulation materials. After his retirement after which the mesothelioma diagnosis was confirmed. He filed a lawsuit against the asbestos producers for failing to inform him to warn of the dangers. The lawsuit also claimed that the railroad failed to provide the proper safety equipment. An experienced attorney can assist victims determine if they are eligible for FELA as well as other compensation options. Asbestos lawyers are well-versed in the intricacies of FELA and can ensure that their clients receive fair compensation for their injuries. The Supreme Court's decision in Kurns allowed railroad workers who develop mesothelioma to file state law claims against manufacturers of asbestos. However, claims must be filed in states that have a high level expertise in handling cases like this. Additionally the lawsuits should contain allegations of improper supervision or training and the defendant must be able to show that mesothelioma suffered by a plaintiff was caused by on-the-job exposures. Many railway workers were afflicted by asbestos exposure while 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 while at work. Asbestos can cause a variety of diseases that include fibrotic lung disease and mesothelioma. The mesothelioma lawyers of Simmons Hanly Conroy are experienced in assisting railroad workers and their families. Railroad employees, unlike many workers, do not have access the standard workers' compensation coverage that is found in all states. Instead, railroad employees who suffer from occupational illnesses such as mesothelioma have to file a civil suit under FELA. The FELA does not apply to all railroad companies. FELA is a federal law that defines the liability of railroad companies for employees who are injured or diagnosed with certain ailments. There are a few railroads that are covered by the law. A railroad worker must be employed by a common carrier who engages in interstate commerce to be able to sue under the FELA. If Alhambra asbestos lawsuit develop mesothelioma, or another asbestos-related disease following exposure to asbestos while at work, they can sue their employer. However, it is important to note that a worker must prove that their employer was negligent in their exposure to asbestos at work. A claimant must also demonstrate that the asbestos-related disease was contracted as a result. A FELA claim is not a way to pay compensation to a worker who's been diagnosed with mesothelioma as mesothelioma-related symptoms usually don't manifest until decades after exposure. A mesothelioma attorney can assist in proving the connection between an injury and asbestos-related ailments. Lawyers at mesothelioma law firms will look into the asbestos exposure history of railroad workers and determine whether or not they are eligible for compensation. Although asbestos was banned in the United States, some older railway equipment still has the toxic substance. Asbestos was present in nearly all steam locomotives' fireboxes as well as boilers, as well as in their cabooses and pipes up until 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 protect their workers. Because of asbestos exposure, a lot of railroad workers have developed asbestos-related diseases such as mesothelioma. It is crucial that employees seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are protected. A knowledgeable attorney can assist a client to file a successful lawsuit against a railroad company who 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 asbestosis or mesothelioma or other ailments that are a result of years of exposure toxic substances, have many legal options at their disposal. 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 important to seek out experienced representation from a railroad mesothelioma lawyer firm to ensure that their legal rights and remedies will be protected. It is possible to obtain a mesothelioma settlement against a former railroad company, even if it may appear daunting. The injured worker or their family members must prove that the railroad company did not fulfill its obligation to safeguard workers, by not ensuring or limiting exposure to asbestos. The asbestos-related illness has to be directly connected to the negligence. Railway workers who suffer injuries should consult an experienced FELA attorney to determine the best course of action. FELA allows employees who worked for a railroad that crosses state lines to sue their employer and the equipment manufacturer. The act covers both workers who are injured on the job as well as those diagnosed with occupational diseases like mesothelioma or lung cancer. Despite the fact that FELA has improved safety in the workplace however, there are still many risks for workers. Despite the risks railroad companies aren't overcommitting serious violations in their quest to maximize profits. Asbestos no longer is used in the production of railroad equipment, however older ones still are exposed to the substance. It is because it was used by almost all steam locomotive manufacturers in their fireboxes and pipes. Asbest insulation was also used to line cabooses and boxes. Despite the long period of limitations in FELA cases, it is important to file a lawsuit when symptoms begin to manifest. Asbestos sufferers are entitled to the financial compensation they are entitled to and are legally owed by the responsible parties.