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Railroad Asbestos Claims

Rail workers worked with asbestos-containing materials a lot because it was a tough and heat-resistant material. But, these same qualities made asbestos toxic and deadly for those who came into contact with it.

Most often, railway workers would carry deadly asbestos dust fibers home on their clothes and hair. This could also put their families at risk.

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railroad workers are exposed. Asbestos can cause cancer as well as other health problems. Thankfully, railroad workers can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, except that it is filed against an employer and 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 differs from state's worker's compensation laws as it covers employees who suffer injuries at work due to their employers negligence. It also permits railroad workers to file claims for certain illnesses, such as 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 railroad companies who have been involved in asbestos litigation over the years. Railroad workers may sue these companies as well as manufacturers of asbestos attorneys-containing products like locomotive parts and boilers.

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

It is crucial to find an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy's attorneys have an extensive knowledge of mesothelioma and can assist you in getting the maximum amount of compensation for your injuries. 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 an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and the family was awarded a significant mesothelioma compensation.

It is important to be aware of the statute of limitations and your rights to a settlement when dealing with an FELA claim. The railroads who defend themselves often attempt to cut the amount they pay to a victim, by claiming they cannot prove the illness was caused directly due to their exposure to the work environment. This is why it is so important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for years. Rail is still an integral part of freight transportation despite the fact that cars are the most preferred mode of travel for passengers. Asbestos was utilized throughout the railroad industry to protect train engines, pipes and car components.

Rail workers are frequently exposed to asbestos as they work with equipment that they maintain and repair. Workers also brought asbestos dust home on their clothes, which exposed their children and spouses to the harmful mineral, too.

Railroad companies were aware of asbestos' dangers in 1935, but continued to use the substance on their trains through the 1990s and into the 1980s. Sadly, many of these workers have developed life-threatening illnesses as a consequence of years of occupational exposure to the hazardous mineral.

Asbestos victims frequently are required to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. These manufacturers can be held accountable for their failure to warn consumers about the dangers of their products as well as for manufacturing asbestos-containing materials that were known to be dangerous.

For example the family of a BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant where the nephew of the deceased worked. The family alleges the deceased's uncle often brought his asbestos-covered work clothing to his home and that his children would beat him when the clothes were on. This lapse of care led to the mesothelioma which killed the family member.

When asbestos-related diseases such as mesothelioma are discovered workers lose the time they would have been able to enjoy retirement and their final chapters in life. These cases bring to justice corporations that have blatantly disregard for the health and safety of dedicated railroad employees to increase their profits.

Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Since a clearly-defined injury has to be proved in order to establish the possibility of a FELA case, thousands of railroad workers who have not developed an asbestos-related illness may not be able make an claim. This is a clear violation of the tort law principle that compensates those who suffer due to other people's actions.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers can handle claims under a variety of different statutes and laws to ensure injured workers and their families get the justice they deserve.

asbestos lawyer was employed in a variety of railway components like locomotive engines, brakes and steam boilers. Many 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.

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

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

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

Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the family members of those who suffer from the same receive the compensation they deserve. His extensive background in FELA cases that include asbestos exposure, has allowed him to secure millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families collect damages from those who are responsible for their illnesses, injuries, and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

asbestos attorneys was extensively utilized in the design and construction of railways. It was also deadly for railroad workers who were exposed to the toxic substance. The material is extremely tough and capable of withstanding immense quantities of heat. However these qualities are what make it hazardous for people who work with it.

It could take a long time for mesothelioma symptoms and lung cancer to manifest due to the toxins found in asbestos. These conditions can be extremely expensive for families and victims who require medical treatment and have to deal with their physical pain and emotional trauma. Asbestos-related illnesses can be compensated through a variety of sources.

The most popular method for railroad workers injured to get financial compensation is through a lawsuit filed with a mesothelioma law firm. These claims can be brought in federal court, or state courts located near the railroad company. The injured party must prove that their employer was negligent and that they have the right to financial compensation.

As opposed to other types of workplace injuries, railroad workers do not have access to the standard workers compensation system in the majority of states. Instead, they are qualified to file an action against their employers under the protections of FELA.

This type of claim is a civil lawsuit where the victim must show that the negligence of their employer caused their mesothelioma, or another injury. However an upcoming case filed 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 case, the family of a deceased railway worker filed an asbestos lawsuit against PATCO. 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 still important that railroad workers who have been injured talk to an attorney regarding their particular circumstances so they can be sure that all of their legal rights are secured.