Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot due to its durability and heat-resistant product. These same qualities also made asbestos toxic and deadly to anyone who came in contact with it.

Rail workers often brought deadly asbestos dust fibres to their homes on their clothes or in their hair. This could expose their families to danger as well.

Federal Employers Liability Act

Asbestos is a hazardous material that railway workers are exposed to. Asbestos is a hazardous material that can cause a variety of health issues, including cancer. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, however, it is filed against the employer instead of the defendant in a criminal case.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it protects employees injured on the job due to their employer's negligence. It also allows railroad employees to file claims against certain illnesses such as mesothelioma.

Several railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations such as Amtrak and Transtar and local state and municipal railroads. Railroad workers can sue these companies under FELA as well as manufacturers of asbestos-containing items like locomotive parts, boilers and railcar siding.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma victims are able to file state-law claims, as well as FELA claims. This permits families to seek compensation from various sources to pay for medical bills, lost wages, and other expenses.

It is crucial to find an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can help you obtain most 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 laborer who regularly brought asbestos dust home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to speed up the case, and the family received a significant mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement are crucial in the FELA case. The railroads who defend themselves frequently try to cut down on the amount of money paid to a victim, by claiming they are unable to prove that the illness was caused directly by their exposure to the work environment. It is essential to seek legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have suffered from asbestos-related illnesses for a long time. Although cars now outnumber trains for most passengers, the rail network remains an essential element of freight transportation. Asbestos has been used in the railroad industry for decades to protect engine parts, pipes and other components of automobiles.

In many cases, railroad workers were exposed to asbestos from working contact with the equipment they were servicing or repair. Workers also brought home asbestos dust on their clothing, exposing their children and spouses to the harmful mineral, too.

Railroad companies were aware of asbestos' dangers in 1935, yet they continued to employ the material on their trains into the 1990s and into the 1980s. Sadly, many of these workers are now suffering from life-threatening illnesses as a result of their exposure to the hazardous mineral.

Asbestos victims frequently are required to file FELA claims against the manufacturers of the asbestos-containing equipment they used. These manufacturers may be held liable for not advising of the risks associated with their products, or for producing asbestos-containing materials that was recognized as harmful.

For instance the family of an BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the plant that made brakes where the uncle who died worked. The family alleges that the deceased's uncle often brought his work clothes at home, and that when they were wearing these clothes, his children would play with the deceased and roughhouse him as wearing his asbestos-covered work clothes. This lapse of judgment led to mesothelioma which killed the family member.

If workers are diagnosed with asbestos-related diseases like mesothelioma, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold the companies accountable for having blatantly ignored the health and safety demands of railroad workers in order to maximize profits.

Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Since a clear injury must be shown to bring a FELA case, many railroad workers who have not suffered from an asbestos-related illness might not be able to make a claim. This is a clear infringement of the tort law principle that pays those who suffer due to other people's actions.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, a few railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers can handle claims under a variety of statutes and laws to ensure injured workers get the compensation they deserve.

Asbestos was extensively used in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was produced through cutting and machining of these parts, which workers could breathe in. The asbestos dust could be ingested and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma, or other asbestos-related diseases and diseases, they could have state-law claims against their employers as well as the companies that made the products that exposed them asbestos. These claims are filed in state courts which are where juries and judges possess vast experience in determining the compensation for mesothelioma patients. In addition, state courts frequently give priority to and speedily forward cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder at PATCO Railroad. She sued the companies that produced the asbestos-containing equipment that she worked on. However, her family was unable to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that made the asbestos-containing products for which she worked, filed an application for a summary judgment. They asserted that her state law claim was not valid because it did not allege that the company was aware of the dangers that come with using asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families get the compensation they are entitled to. His extensive experience in FELA cases, including those involving asbestos exposure, has allowed him to secure millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers and their families obtain damages from those who are responsible for their injuries, illnesses and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction and design of railroads. It also caused serious harm to many railway workers exposed to the toxic substance. The material is tough and is able to be able to withstand extreme heat, however these properties makes it dangerous for people who work with them.

Because of the toxins in asbestos, it could take decades for symptoms such as mesothelioma or cancer to show up. These diseases can be extremely costly for victims and families who require medical treatment and to bear the physical pain and emotional suffering. Fortunately, victims of asbestos-related diseases can receive compensation through various sources.

The most common way for railroad workers injured in an accident to receive financial compensation is via a lawsuit filed by a mesothelioma lawyer firm. These claims can be filed in federal court or state courts in which the railroad company is. Injury victims must prove that their employer was negligent and that they have the right to financial compensation.

Railroad workers are not covered by the standard workers compensation system in a number of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This is a civil claim in which the person who is injured must prove that their employer's negligence caused mesothelioma or other injuries. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them asbestos attorneys.

In this particular case an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific situation with an experienced lawyer so that they can better ensure that all legal rights are protected.