Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials because it was a robust and heat-resistant material. The same characteristics also made asbestos attorneys poisonous and deadly to those who came into contact with it.

In many cases, rail workers would take asbestos dust particles that are deadly on their clothes and in their hair. This could put their families at risk as well.

Federal Employers Liability Act

Asbestos is a dangerous material that railway workers are exposed to. Asbestos can cause cancer as well as other health problems. Fortunately, railroad employees can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but is filed against the employer, not the defendant in criminal cases.

The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA is different than the state's laws on worker's compensation, as it covers employees who are injured on the job because of their employers ' negligence. It also allows railroad workers to file claims if they develop certain illnesses like mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation over the years. Railroad workers can sue these companies under FELA and also manufacturers of asbestos lawyer-containing items like locomotive parts, boilers and railcar siding.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources in order to help pay medical expenses, lost income and other expenses.

When submitting a FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's lawyers possess vast knowledge in mesothelioma and can help you get maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothes and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial when deciding on the FELA case. The railroads that are defending themselves frequently try to cut down on the amount they pay to a victim, by claiming that they can't prove that the illness was caused directly by their negligence at work. This is why it is important to seek legal help from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for decades. Although cars have now surpassed trains for the majority of passenger travel, the rail network remains a vital part of freight transportation. Asbestos was used in the railroad industry for many years to insulate engine parts, pipes, and other automobile components.

Rail workers are often exposed to asbestos because of their working with equipment they maintain and repair. Workers also brought asbestos dust home on their clothes, exposing their children and spouses to the toxic mineral, too.

Railroad companies were aware of asbestos' dangers in 1935, but continued to use the substance on their trains into the 1990s and into the 1980s. Unfortunately, a large number of workers have now developed life-threatening diseases as a result of years of occupational exposure to asbestos, a dangerous mineral.

Asbestos victims frequently file FELA claims against the manufacturers of asbestos-containing equipment on which they worked. The manufacturers could be held liable for not advising of the risks associated with their products, and for manufacturing asbestos-containing material that was found to be harmful.

For example, the family of a BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the uncle of the deceased was employed. The family claims that the deceased's Uncle often brought his asbestos-covered work attire to his home and that his children would roughhouse him while the clothes were on. This lapse of care led to the mesothelioma cancer that killed the family member.

When employees are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases bring to justice corporations that have blatantly disregard for the safety and health of their employees in order to increase their profits.

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

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, some railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers can handle claims under a variety of statutes and laws to help injured workers receive the compensation they need.

Asbestos was used extensively in railway components like locomotive engines, steam boilers and brakes. Many of these components required machining or cutting which produced airborne asbestos dust which could be inhaled by workers. The asbestos dust can be inhaled, which can cause lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers and the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining proper compensation for mesothelioma victims. State courts also offer priority and advance cases filed by living mesothelioma patients.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welder at PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products she worked with. The family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing products on which she worked, filed a motion for a summary judgment. They asserted that her state law claim was not valid since it did not claim that the company was aware of the dangers associated with asbestos being used in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families receive the compensation they deserve. His extensive background in FELA cases which include asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers injured and their families recover damages from those who are responsible for their ailments and injuries, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the design and construction of railroads. It also posed a threat to the railway workers who were exposed the toxic substance. The material is extremely durable and is able to withstand massive amounts of heat; however these qualities are what make it dangerous for people who work with it.

It could take a long time for mesothelioma symptoms and lung cancer to appear due to the toxins that are found in asbestos. These illnesses can be very expensive for families and victims who require medical attention and have to deal with their physical and emotional pain. Fortunately, asbestos-related illnesses are eligible for compensation from a variety of sources.

A mesothelioma lawyer is the most common way that injured railroad workers can be awarded financial compensation. These claims can be filed in federal courts or state courts in which the railroad company is. Injured victims must prove their employer was negligent and they are entitled to financial compensation.

Railroad workers are not covered by the standard worker compensation system in a number of states. They are instead legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the victim must prove that their employer's negligence led to their mesothelioma or other injury. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them to asbestos lawyer.

In this particular case a family member of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from proceeding because the claim is based on FELA which goes over state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk with an attorney about their specific circumstances so that they can ensure that their legal rights are secured.