Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing products due to its durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly for those who came in contact with it.

In many cases, rail workers often carry asbestos dust particles that are deadly with them on their clothes and 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 hazard that can cause many health problems such as cancer. Thankfully, railroad workers are able to get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, except that it is filed against an employer, not a defendant as in criminal cases.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA is different than the state's laws on worker's compensation, as it covers employees who suffer injuries on the job due to the negligence of their employers. It also allows railroad workers to file claims when they develop certain illnesses such as mesothelioma.

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

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

If you are filing a FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can assist you in obtaining the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm, represented the family of a man who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case and the family was awarded a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement are crucial when deciding on the FELA case. The railroads that are defending themselves often try to reduce the amount they pay to a victim, claiming they cannot prove the illness was caused directly due to their exposure to the work environment. It is essential to seek legal advice of an experienced railroad lawyer.

asbestos lawyers Manufacturers

For many years, railroad workers have been suffering from asbestos exposure for years. Although cars have now surpassed trains for the majority of passenger travel but the rail network is an essential element of freight transportation. Asbestos has been utilized in the railroad industry for a long time 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 wore asbestos dust on their clothing, exposing their families to the poisonous mineral.

While railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ it on their trains until the 1980s and 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result years of exposure to asbestos in the workplace.

Asbestos victims frequently are required to file FELA claims against manufacturers of the asbestos-containing equipment they used. They can be held accountable for failing to warn consumers about the dangers of their products, and for producing asbestos-containing products that were known to be dangerous.

For example the family of a BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant where the nephew of the deceased worked. The family alleges the deceased's uncle would often bring his asbestos-covered work clothing home and his children would slap the man when they saw him in these clothes. This negligence caused the mesothelioma which killed the family member.

If workers are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable for having flagrantly ignored the health and safety requirements of dedicated railroad employees in order to maximize their profits.

asbestos lawsuit lawsuits against railroads resulted in compensations for families of injured workers. Since a demonstration of a manifest injury is required for bringing a FELA claim, countless seemingly healthy railroad workers who do not develop an asbestos-related disease might not be able to bring claims. This is an obvious violation of the underlying principle of tort law, which is to compensate those who suffer due to the actions of others' actions.

State Law Claims

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

Asbestos was used in various railway components, including locomotive engines, brakes and steam boilers. 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 be ingested and cause lung problems like mesothelioma.

If railroad workers suffer from mesothelioma, or any other asbestos-related diseases, they can make a claim under the state law against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed before state courts which are where juries and judges have vast experience in determining the amount of compensation for mesothelioma patients. State courts also have priority to cases that are filed by living victims.

This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welding worker for PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products that she worked with. However her family was unable to prevail since the Supreme Court ruled that her state law claim was preempted by FELA.

The company that manufactured the asbestos-containing products on which she worked, filed an application for a summary judgment. They argued that her state law claim was not valid because it did not state the manufacturer knew of the risks associated with asbestos being used 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 receive the compensation they are entitled to. His vast experience in FELA cases which include asbestos has helped him secure millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers and their families collect damages from those who are accountable for their injuries, illnesses and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the construction and design of railroads. It also caused serious harm to many railway workers exposed to the toxic substance. The material is strong and can be able to withstand extreme heat, however these qualities are what makes it dangerous for people who work with them.

It can take years for mesothelioma symptoms and lung cancer to manifest because of the toxins in asbestos. These conditions can be extremely costly for victims and families, as they require medical treatment and to endure physical pain and emotional suffering. Asbestos-related illnesses can be compensated by a variety sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured are able to receive financial compensation. The claims can be filed in federal courts or state courts close to the railroad's company. An injured victim must be able to demonstrate that the negligence of their employer led to their injury and they are owed financial compensation.

As opposed to other workplace injuries railroad workers don't have access to the traditional workers' compensation system in most states. Instead, they are legally able to bring an action against their employers under the protections of FELA.

This kind of claim is a civil action where the victim must show that negligence by their employer caused their mesothelioma, or another injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them to asbestos attorneys.

In this case, the family of a deceased railway employee filed an asbestos lawsuit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who are injured speak to an attorney about their particular circumstances so they can ensure that their legal rights are secured.