Railroad Asbestos Claims

Railroad workers frequently used or worked around asbestos-containing materials because it was a highly durable and heat-resistant substance. These same qualities also made asbestos toxic and deadly for those who came in contact with it.

Most often, railway workers often carry asbestos dust particles that are deadly with them on their clothing and in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railway workers are exposed to. Asbestos is a hazardous material which can cause health issues such as cancer. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to an injury lawsuit, however, it is filed against the employer, not an individual defendant as in criminal cases.

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

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

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers are able to file state-law claims, as well as FELA claims. This permits families to seek compensation from various sources to help pay medical bills, lost wages, and other expenses.

If you are filing the FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy's lawyers possess vast knowledge in mesothelioma and can assist you in getting 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 often brought asbestos dust home on his clothing and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case and the family received a significant mesothelioma payout.

Understanding the statute of limitation and your rights in a settlement is essential when deciding on an FELA case. The railroads who defend themselves often try to reduce the money that is paid to a victim, by claiming they are unable to prove that the illness was directly caused due to their exposure at work. This is why it is important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered from the effects of asbestos exposure for decades. Rail remains an important part of freight transportation, even though automobiles are now the most popular mode of transport for passengers. Asbestos was utilized throughout the railroad industry to protect train engines, pipes and car parts.

In many instances railroad workers were exposed to asbestos through work-related contact with equipment they were servicing and repairing. Workers brought asbestos attorney dust home on their clothing, exposing their families to the harmful mineral.

While railroad companies were aware of the dangers of asbestos by 1935, they continued to use it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a consequence of exposure to asbestos, a dangerous mineral.

Asbestos victims typically have to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. These manufacturers can be held liable for failing to warn of the dangers of their products and for producing asbestos-containing products that were found to be dangerous.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake plant at which the deceased's nephew worked. The family claims that the deceased's uncle frequently brought his work clothes home, and when they were wearing these clothes his children would play with him and roughhouse him while he was wearing asbestos-covered work clothing. This lapse of judgment led to mesothelioma which caused the death of the family member.

When workers are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the last chapters of their lives. These cases bring to justice businesses that blatantly ignored the safety and health of their employees in order to maximize their own profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Unfortunately, because a showing of injury that is manifest is required to file an FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to file claims. This is a clear breach of the tort law principle that compensates those who suffer as a result of others' actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, some railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can manage claims under a variety of different statutes and laws to help injured workers and their families receive the justice they deserve.

Asbestos was extensively used in railway components like locomotive engines, steam boilers and brakes. A lot of these components required cutting or machining which resulted in the formation of airborne asbestos dust which could be inhaled by workers. This asbestos dust can also be ingested, causing lung problems such as mesothelioma.

When railroad workers suffer from mesothelioma or any other asbestos-related illness 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, where judges and juries possess vast experience in determining the amount of compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living victims.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder at PATCO Railroad. She filed a lawsuit against the companies that produced asbestos-containing products she worked with. Unfortunately her family was unable to prevail because the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that produced the asbestos-containing equipment she worked on filed an application for summary judgment in support of her state-law claim was not viable since it did not state that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they are entitled to. His vast experience in FELA cases that include asbestos exposure, has allowed him to achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families recover damages from those accountable for their illnesses, injuries, and 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, particularly in diesel- and steam-powered trains. Unfortunately, it also proved to be extremely deadly for many railway workers who were exposed to the poisonous material. The material is very durable and capable of withstanding immense quantities of heat. However these qualities are what make it dangerous for workers who work with it.

It can take years for symptoms like mesothelioma and lung cancer to show up due to the toxins found in asbestos. These conditions can be extremely costly for victims and families who require medical attention and have to endure physical pain and emotional suffering. Asbestos-related illnesses can be compensated by a variety sources.

A mesothelioma lawyer is the most common method by which railroad workers injured can receive financial compensation. These claims can be filed in federal courts or state courts where a railroad company is located. The injured party must prove that their employer was negligent and they are entitled to financial compensation.

Unlike most other types of workplace injuries, railroad workers do not have access to the traditional workers compensation system in the majority of states. Rather, these workers are eligible to file a lawsuit against their employers under the protections of FELA.

This type of claim is a civil suit where the injured person must prove that the negligence of their employer led to their mesothelioma or another injury. However, a recent case that was brought before the Supreme Court highlights a roadblock that railroad workers face when they try to claim their employers are responsible for the exposure they have to asbestos.

In this particular case a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from moving forward because the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their particular circumstances with an experienced lawyer to better ensure that their legal rights are protected.