Railroad Workers - Mesothelioma Risks
Tremendous heat and pressure is generated when a locomotive and its cars are propelled forward or stopped. In order to counteract these forces, heat resistant asbestos was used in the manufacture and production of locomotive parts and train surfaces for many years. While the use of asbestos may have protected the trains, it posed a health hazard for thousands of rail workers over the course of the 20th century.
Legal courts have recognized that some rail companies did not adequately warn or protect their workers from the hazards of asbestos exposure or provide a reasonably safe work environment.
Asbestos Exposure Risk for Railroad Workers
Asbestos was used in the manufacture of train and locomotive components as recently as the 1980s, and some locomotives may still contain asbestos insulating materials. These materials may erode, crumble or peel over time, and asbestos fibers can be released into the small, enclosed compartments of the locomotive. This process could then expose anyone in the locomotive to airborne asbestos fibers.
One of the most common forms of asbestos exposure among rail workers is associated with locomotive brakes. The brakes themselves were often manufactured with asbestos materials, and as friction was created, the asbestos would degrade and create a fine dust.
Workers may have been exposed to asbestos through the disruption of the material or the inhalation of the fibers, which may have gotten caught on their clothing. Workers who were located on other areas of the train were also at risk of asbestos exposure, as the brake dust was blown across the train as it moved along the rails.
Families of railroad workers may have been exposed to asbestos dust that was brought home on the clothing or hair of the workers. In this way, secondhand asbestos exposure may have affected wives and children living in the households of railroad workers.
Asbestos Claims
Due to the large number of workers in the railway industry and the poor safety practices of some rail companies, thousands of asbestos claims have been filed among rail workers.
In the 2003 case General Motors Corp. v. Kilgore, the Alabama Supreme Court found that asbestos claims against the manufacturers of asbestos-containing train parts were preempted by the Federal Locomotive Inspection Act (FLIA), which regulates all lawsuits that are related to locomotive component parts. Prior to the Alabama decision, a panel of the California Supreme Court reached a similar decision, as have other state and federal courts.
Unlike most American employees, rail workers are not subject to a workers' compensation program. Instead, injured railway workers may sue their employers for damages under the FLIA. A FLIA lawsuit is a civil action for negligence, which may be brought in federal or state court. Rail workers who wish to pursue a claim against the manufacturer of asbestos-containing products cannot do so, as FLIA regulations do not allow employees to seek damages that exceed what workers' compensation could pay.
Rail companies have attempted to bar FLIA claims that have been filed by workers after a company has filed for bankruptcy. The Third Circuit Court of Appeals held that, as a matter of federal law, FLIA actions do not exist before manifestation of asbestos-related injury occurs. In 2003, the United States Supreme Court held that a group of workers could bring a FLIA claim against their employer based on emotional distress caused by the fear of cancer after asbestos exposure.
Rail workers concerned about asbestos exposure should talk to their doctors about monitoring for signs of asbestos-related illnesses.
-
05/24/2012 -
One of the biggest asbestos-abatement jobs ever done in Buffalo, New York, is being handled now by a local company with a history of asbestos-related ..
-
05/23/2012 -
A new class of anti-cancer drugs is nearing the clinical trial phase and may eventually be available for treatment of aggressive diseases like pancrea ..
-
05/23/2012 -
School districts all across America have been wrestling in recent years with the task of removing and disposing of toxic asbestos from older buildings ..
© 2012 The Mesothelioma Center |
Last Modified Thursday, February 9th, 2012 | Disclaimer | Privacy Policy |
The information provided by The Mesothelioma Center is not a substitute for professional medical advice, diagnosis or treatment.
Sponsored by a law firm concentrating in asbestos litigation, The Peterson Firm, LLP with offices at 1350 Connecticut Ave, NW, Fifth Floor, Washington DC 20036.
