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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 filed under the protections of the Federal Employers Liability Act or FELA. Defense lawyers will attempt to blame the plaintiff's illness on anything but the asbestos exposure they experienced at work. They may point to genetics, cigarette smoking, or even their home and 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 any other asbestos-related illness as a result negligence in exposure. FELA was approved in 1908 and permits injured railroad workers to sue their employers without having to go through the workers' compensation system. FELA also places a lower burden of proof on plaintiffs than traditional injury cases, which makes it easier for injured workers to succeed in proving their case. Asbestos was often used in railroad and train equipment due to its cheap cost, its durability and fireproofing properties. Asbestos is found in steam locomotives and railroad ties and boilers. It is also found in engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses and locomotive components. Railroad workers were exposed asbestos when working in the shops of railroads and roundhouses, when locomotives were being overhauled, repaired or replaced as well as while travelling by train or bus between locations along the rail network. Railroad workers who develop asbestos-related diseases are typically awarded substantial compensation for their losses. This could include medical expenses as well as lost income and emotional suffering. In some cases, a victim's family may be eligible to receive wrongful death damages for the loss of a loved one. Railway workers also are exposed to other harmful substances while at work, 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. This means that railway workers are more susceptible to mesothelioma forming than other workers. The symptoms can manifest years after an asbestos exposure. It is important that injured railroad workers and their families seek legal assistance as soon as they can. The information contained in this LibGuide was created to be a research aid to Villanova Law School students and faculty, and is not legal advice. Please contact an experienced attorney who is specialized in mesothelioma, to learn more about the disease or discuss a specific issue. Here are the contact information. If you cannot contact an attorney or trust fund, a trust account for asbestos can help with filing claims. State Law Claims The United States Constitution requires that federal law trumps state law, and the Supreme Court upheld this principle in the recent case of Kurns v. Railroad Friction Products Corp. The Court ruled that the Locomotive Inspection Act (LIA) preempted a railroad worker's state law claims against asbestos-containing manufacturers of rail equipment for injuries such as mesothelioma. The victim was a welder and machinist who worked in 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 his retirement after which the mesothelioma diagnosis was confirmed. He filed a lawsuit against the asbestos manufacturers, claiming that they failed to warn him of the dangers and triggered his illness. The lawsuit also claimed that the railroad failed to provide appropriate safety equipment. Although mesothelioma and other asbestos-related illnesses can be extremely difficult to identify An experienced lawyer can assist victims in understanding their legal rights under FELA and other compensation options. Asbestos lawyers are knowledgeable of the complexities of FELA and can ensure that their clients receive a fair amount of compensation for their losses. The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering from mesothelioma could pursue state law claims against asbestos producers, however those claims must be filed in a state with the highest level of expertise in handling these cases. The lawsuits must also include allegations of insufficient supervision or inadequate training. A defendant must be able to prove that plaintiff's mesothelioma is caused by exposures to asbestos while working. Many railway workers were exposed to asbestos while they worked on trains or in locomotive shops, as well as in other areas of the railroad system. In fact, a study of railroad workers carried out in the 1980s found that 21% of the workers were likely to have been exposed to asbestos at work. Asbestos can trigger a range of illnesses such as fibrotic lungs mesothelioma and lung cancer. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in assisting railroad workers and their families. Railroad employees, unlike most workers, are not able to access to the common workers' compensation coverage that is found in all states. Instead, railroad workers who suffer from occupational diseases such as mesothelioma are required to file a civil lawsuit under FELA. The FELA does not 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 diagnosed with certain diseases. Some railroads are not covered under the law. A railroad worker must be employed by a common carrier that is involved in interstate commerce to be able to sue under the FELA. This means that if a railway worker is exposed to asbestos while at work and develops mesothelioma or another asbestos-related illness, they may bring a lawsuit against their employer. It is important to keep in mind that a railroad worker must demonstrate that their employer's negligence was the cause. A claimant must also demonstrate that the asbestos-related illness contracted as a result of. A FELA claim is not a way to pay compensation to a worker who's been diagnosed with mesothelioma as mesothelioma symptoms typically do not appear until decades after initial exposure. An attorney for mesothelioma can help in proving the connection between an injury and asbestos-related diseases. Lawyers from a mesothelioma law firm can look into the asbestos exposure history of railroad workers and determine whether or not they are entitled to compensation. Although asbestos is prohibited in the United States, older railway equipment may still contain the harmful substance. Asbestos was present in nearly all steam locomotives' fireboxes and boilers, as well as in their pipes and cabooses up until the mid-1980s. Additionally, railroads may have used asbestos in the railcar insulation as well as industrial brake shoes and gaskets for diesel engines. Asbestos in the workplace can be a serious issue. Sadly, many railroads knew about the risks of asbestos exposure but did not take steps to protect their employees. As a result thousands of railroad workers have suffered from asbestos-related illnesses like mesothelioma. It is crucial that employees consult an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are secured. A knowledgeable lawyer can assist a client to file an effective lawsuit against a railroad company that didn't take the proper precautions to prevent asbestos-related diseases. The FELA does not apply to all railway employees. Railroad workers who become diagnosed with mesothelioma, asbestosis, or other illnesses resulting from years of exposure to toxic substances have many legal options available to them. In addition to the compensation available for pain and suffering, an action may also cover the cost of medical care, funeral costs and other expenses. It is essential for those who worked on the railroad to seek out experienced representation from a dedicated railroad mesothelioma attorney to ensure that their rights and remedies are secured. It is possible to win a mesothelioma claim against a former railroad company, even though it may seem overwhelming. The person who was injured or their family members must prove that the railroad did not fulfill its obligation to safeguard workers, by failing to monitor or limit exposure to asbestos. The asbestos-related illness has to be directly related to the negligence. Injury railway workers should consult with an experienced FELA attorney to determine the best course. Lincoln asbestos attorney allows those who worked for a railroad that crosses state lines to sue both their employer as well as the manufacturer of the equipment. The act covers workers who are injured in the workplace as well as those who are diagnosed with occupational diseases such as mesothelioma or lung cancer. While the passage of FELA has increased workplace safety however, there are many dangers that exist for workers in this field. Despite the risks, railroad companies are not overcommitting serious violations in order to maximize profits. Asbestos no longer is employed in the manufacturing of railroad products, but older ones still are exposed to this chemical. This is due to the fact that nearly all steam train manufacturers used asbestos in their fireboxes, pipes, and boilers. In addition, boxcars and cabooses were typically lined with asbestos insulation. Despite the long period of limitations in FELA cases it is crucial to file a suit when symptoms begin to manifest. Asbestos victims have the right to the financial compensation they deserve and are legally owed by the responsible parties.