Railroad Asbestos Claims

Railroad workers who suffer from asbestos-related diseases, like mesothelioma, can claim compensation from their employers. These lawsuits are filed under protections of the Federal Employers Liability Act, or FELA.

Defense lawyers will try to blame the plaintiff's health issues on anything other than their exposure to asbestos at work. They might refer to genetics, smoking cigarettes smoking, or even their home and neighborhood.

Federal Employers Liability Act (FELA)

The Federal Employers Liability Act (FELA) allows railroad workers to sue their employers if they develop mesothelioma or other asbestos-related diseases as a result of negligent exposure. FELA was passed in 1908, allows railroad workers injured to sue their employers without having to go through workers' compensation. FELA also puts a lower burden of proof on plaintiffs than traditional injury cases, which makes it easier for workers to win their case.

Asbestos was commonly employed in railroad and train equipment due to its cheap cost, durability, fireproofing and thermal insulation properties. Asbestos can be found in steam locomotives and railroad ties with their boilers. It is also found in engine gaskets, brake pad, locomotive parts, and ceilings of passenger cars, cabooses, and locomotive parts. Railroad workers were exposed asbestos while working in the shops of railroads and roundhouses, as locomotives were overhauled or repaired and also when traveling by train or bus between various locations on the rail network.

Independence asbestos lawyers who develop asbestos-related diseases are typically awarded substantial compensation for their losses. This can include medical bills and lost income as well as emotional suffering. In some instances, the victim's family can receive wrongful death compensation for the loss of their loved one.

Aside from asbestos, railroad workers are also exposed to toxins in the workplace like diesel fuel creosote, diesel exhaust silica sand, welding fumes, benzene-containing solvents and degreasers, herbicides and secondhand smoke. In the end, railway workers are more prone to developing mesothelioma than other workers.

Most of the time the symptoms don't show up until a few some time after the worker's first exposure to asbestos. This is why it's crucial for injured railroad workers and their families to seek legal help as soon as they can.

The information contained in this LibGuide was created only as a research tool to Villanova Law School students and faculty. It does not constitute legal advice. For more information or to discuss a specific problem get in touch with an experienced mesothelioma attorney. Contact information is provided below. If you are unable contact an attorney or trust fund, a trust account for asbestos can assist 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 case, Kurns v. Railroad Friction Products Corp. The Court declared 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 time. After retiring after a while, he was discovered to be mesothelioma-positive. He filed a lawsuit against asbestos manufacturers, alleging that they failed him to warn of the dangers. The lawsuit also claimed that the railroad did not to provide adequate safety equipment.

A skilled attorney can help victims determine if they are eligible for FELA and other compensation options. Asbestos lawyers are knowledgeable of the complexities of FELA and will ensure that their clients receive fair amount of compensation for their losses.

The Supreme Court's decision in Kurns left open the possibility that railroad workers who suffered mesothelioma may make claims under state law against asbestos manufacturers, but the claims must be filed in a state with a high level of expertise in handling these cases. The lawsuits must also include allegations of a lack of supervision or training. A defendant must also be able prove that the mesothelioma of the plaintiff is caused by exposures to asbestos while working.

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% of them had been exposed to asbestos while at work. Asbestos can cause a variety of diseases 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 have to file a civil suit under FELA.

FELA Does Not Apply to All Railroad Companies

FELA is a federal law that defines railroad employers' responsibility for workers who sustain injuries or become diagnosed with certain ailments. Not all railroads are covered under the law. To be a railroad worker to be able to sue under FELA the worker must be employed by a company that is a common carrier that operates in interstate commerce.

If railroad workers develop mesothelioma or another asbestos-related illness after being exposed to asbestos during work they may sue their employer. It is crucial to remember that a railroad worker has to prove their employer was negligent.


In addition, the claimant must prove that the asbestos-related disease was sustained because of the exposure. A FELA claim is not a way to pay compensation to a worker who's been diagnosed with mesothelioma because mesothelioma symptoms typically are not evident until years after initial exposure.

If you need to prove the connection between an injury and the asbestos-related illness, a skilled mesothelioma lawyer can aid. Lawyers at a mesothelioma law firm can look into the history of exposure to asbestos of railroad workers and determine whether or not they are eligible for compensation.

While asbestos has been banned from use in the United States, some older railway equipment still has the harmful substance. For instance, the majority of steam trains had asbestos in their boilers, fireboxes and cabooses up to the mid-1980s. In addition, railroads might 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 railroad companies were aware of the dangers of asbestos exposure but failed to protect their workers. Because of asbestos exposure, thousands of railroad workers have developed asbestos-related diseases such as mesothelioma.

Regardless of the Supreme Court's recent decision, it is essential for a worker to consult with an experienced asbestos lawyer to ensure that their legal rights are secured. A knowledgeable lawyer can help clients file an effective lawsuit against railroad companies who failed to take the proper precautions to avoid asbestos-related illnesses.

FELA Doesn't apply to All Railway Workers

Railroad workers who become diagnosed with mesothelioma or asbestosis or other diseases resulting from years of exposure to toxic substances have numerous legal options available to them. In addition to the compensation available for pain and suffering claims can also cover the cost of medical care funeral expenses, medical care and other expenses. It is crucial for those who worked on the railroad to seek out experienced representation from a specialized railroad mesothelioma law firm in order to better ensure their legal rights and remedies are protected.

While pursuing a mesothelioma suit against a former railroad employer may sound difficult, it is possible to win this kind of claim. However, the injured worker or their family members must prove that the railroad company was negligent in its duties to safeguard workers by failing to monitor and/or limit exposure to asbestos. 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.

People who worked for an operator of a railroad operating across state lines may sue their employer and also the equipment manufacturer under FELA. The act covers both employees who suffer injuries at work and those who are diagnosed with occupational diseases such as mesothelioma and lung cancer.

While the passing of FELA has increased safety in the workplace, there are still numerous dangers for employees in this field. Railroad companies are not above serious misconduct to maximize profits, despite the risks.

Asbestos is no longer used in the production of railroad products, but older ones still are exposed to this chemical. It's because it was used by nearly all steam locomotive manufacturers in their pipes and fireboxes. Additionally, cabooses and boxcars were often lined with asbestos insulation.

Despite the long period of limitations in FELA cases, it is important to file a lawsuit as soon as symptoms appear. Asbestos sufferers deserve the financial compensation they need and are owed by the responsible parties.