Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing products due to its durable and heat-resistant substance. But, these same qualities made asbestos a deadly and toxic material for those who came into contact with it.

Rail workers often brought asbestos dust particles home on their clothes or in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos attorney. Asbestos is known to cause cancer and other health issues. Thankfully, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but it is filed against the employer rather than a defendant like criminal cases.

The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state's laws on worker's compensation, because it protects employees who suffer injuries at work due to the negligence of their employers. It also allows railroad employees to file claims against certain diseases like mesothelioma.

A number of railroad companies have been involved in asbestos litigation throughout the years. Amtrak, Transtar and local state and municipal railways are among the railroads who have been involved in asbestos litigation over the years. Railroad employees are able to sue these companies under FELA as well as producers of asbestos-containing items like boilers, locomotive parts and railcar siding.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma sufferers are able to file state-law claims, as well as FELA claims. This allows families to pursue compensation from a variety of sources to help pay for medical bills, lost income, and other expenses.

If you are filing the FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy's lawyers possess a wealth mesothelioma expertise and can help you get maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented an individual whose husband worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was a worker who brought asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case, and the family received an important mesothelioma payout.

It is crucial to know the statute of limitations and your rights to an agreement when you are dealing with a FELA claim. The railroads who defend themselves frequently try to cut down on the amount of money paid to a victim, claiming they cannot prove the illness was caused directly due to their exposure on the job. It is essential to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for decades. Rail is still a vital component of freight transportation even though cars are the most popular mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield trains, pipes and car parts.

In many cases railroad workers were exposed to asbestos from on-the-job contact with the equipment they were servicing or repairing. Workers brought asbestos dust home on their clothing, exposing their families to the poisonous mineral.

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material on their trains through the 1990s and into the 1980s. Unfortunately, a large number of workers have now developed life-threatening illnesses as a consequence of exposure to the dangerous mineral.

Asbestos victims typically have to file FELA claims against the manufacturers of asbestos-containing equipment on which they worked. They could be held responsible for not warning about the dangers that could be posed by their products, or for producing asbestos-containing materials that was recognized as dangerous.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company was the owner of the brake plant where the nephew who died worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothes home and his children would slap him while he was wearing these clothes. This negligence led to mesothelioma cancer that caused the death of the family member.

When employees are diagnosed with asbestos-related ailments such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold accountable corporations that have blatantly disregard for the health and safety of their employees in order to increase their profits.

Asbestos lawsuits against railroad companies have resulted in compensation for injured workers and their families. However, since a proof of manifest injury is required for bringing an FELA claim, many healthy railroad workers who don't suffer from an asbestos-related illness may be unable to make such claims. This is a clear infringement to the tort law principle that pays those who suffer due to others' actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, some railroad workers have state-law claims that could provide additional legal protections. asbestos lawyers (webpage) can handle claims under different statutes and laws to ensure injured workers get the compensation they deserve.

Asbestos was employed in a variety of railway components, including locomotive engines, brakes, and steam boilers. Many of these components required machining or cutting which resulted in the formation of airborne asbestos dust which could be inhaled by workers. This asbestos dust can also be inhaled, causing lung issues like mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related illnesses, they can make a claim under the state law against their employers and the manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts often give priority to and quickly move cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welder for PATCO Railroad. She sued the companies that made the asbestos-containing equipment she worked on. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing equipment she worked on filed a motion for summary judgement in support of her state-law claim was not valid since it did not state that the company knew about the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their family members of those who suffer from the same receive the compensation they are entitled to. His extensive experience in FELA cases including asbestos cases has helped him obtain millions of dollars for his clients through verdicts and settlements. He is committed to helping railroad workers injured and their families recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, especially in steam- and diesel-powered trains. Unfortunately, it also proved to be extremely dangerous for the railway workers who were exposed to the toxic substance. The material is durable and can be able to withstand extreme heat, however these qualities are what make it dangerous for those who work with them.

Due to the toxins found in asbestos, it could take years for the symptoms like mesothelioma and lung cancer to show up. These illnesses can be very expensive for the families of victims who require medical attention and have to bear the physical pain and emotional suffering. Fortunately, asbestos-related diseases are eligible for compensation from a variety of sources.

The most popular method for railroad workers injured in an accident to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These claims can be brought in federal courts, or state courts located near the railroad company. An injury victim must prove that the negligence of their employer caused their injury, and they are owed financial compensation.

In contrast to other types of workplace injuries railroad workers do not have access to the typical workers' compensation system in most states. Railroad workers are able to sue their employers under FELA protections.

This is a civil lawsuit where the injured person must prove that their employer's negligence caused mesothelioma or other injury. However, a recent case brought to the Supreme Court highlights a roadblock that railroad workers face when they try to claim their employers are responsible for exposure to asbestos.

In this case, the family of a deceased railway worker filed an asbestos suit against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from progressing since the claim is based on FELA, which trumps state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their specific situation with an experienced lawyer so that they can better ensure that their legal rights are protected.