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Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos attorneys-containing materials due to its durable and heat-resistant material. But, these same qualities made asbestos a deadly and toxic material for anyone who came into contact with it.

Rail workers frequently brought deadly asbestos dust fibres home on their clothes or in their hair. This could put their families in danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material which can cause illnesses including cancer. Fortunately, railroad employees can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, with the exception that it is filed against an employer rather than an individual defendant like in a criminal case.

The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers employees who are injured on the job due to the negligence of their employers. It also permits railroad workers to file claims against certain diseases like mesothelioma.

Numerous railroad companies have been involved in asbestos lawyer-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads that have been involved in asbestos litigation over the years. Railroad workers can sue these companies, as well as the producers of asbestos-containing items like locomotive parts or boilers.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma sufferers can file state law claims, as well as FELA claims. This allows families to pursue compensation from a variety of sources to pay for medical bills, lost income and other expenses.

It is important to hire an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can help you obtain most compensation for your injury. Ken Danzinger, shareholder at the firm represented the family of a man who worked for the California Railroad from 1955 to 1959 as a steam-engine scrapper. He was a worker who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to expedite the case, and the family received an enormous mesothelioma settlement.

It is essential to understand the time limit and your rights to an agreement when you are dealing with the FELA claim. Railroads who are defendants frequently try to reduce the amount paid out to a victim by claiming that they can't prove that their illness is directly linked to their exposure at work. 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 remains an important part of freight transportation, even though cars are now the most preferred mode of transport for passengers. Asbestos was used in the railroad industry for many years to protect engine parts, pipes and automobile components.

In many cases railroad workers were exposed to asbestos from work-related contact with equipment they were servicing and repairing. Workers also brought home asbestos dust on their clothes, exposing their spouses and children to the harmful mineral too.

Railroad companies were aware of asbestos attorney' dangers in 1935, but they continued to use the material on their trains through the 1980s and 90s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases due to years of exposure to asbestos in the workplace.

Asbestos victims frequently file FELA claims against the manufacturers of the asbestos-containing equipment they worked on. They could be held accountable for failing to warn of the dangers associated with their products, and for producing asbestos-containing materials that was recognized as dangerous.

Pneumo Abex LLC was sued by the family of the 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 alleges the deceased's uncle often brought his asbestos-covered work clothes home and his children would beat him when they saw him in these clothes. This negligence led to the mesothelioma that caused the death of the family member.

When employees are diagnosed with asbestos-related illnesses like mesothelioma, they are robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases make companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad employees to maximize profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Since a clear injury must be shown in order to establish an FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able make claims. This is a clear breach of the tort law principle that compensates those who suffer as a result of the actions of others.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits filed against railroad workers, state law could provide additional protections. Asbestos lawyers can deal with claims under different statutes and laws to ensure injured workers receive the compensation they need.

Asbestos was used extensively in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was created by cutting and machining many of these parts, which workers could inhale. The asbestos dust can be ingested and cause lung issues such as mesothelioma.

When railroad workers develop mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers as well as the manufacturers of the products that exposed them to dangerous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also offer priority to cases that are filed by living mesothelioma patients.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She filed a lawsuit against the companies that produced asbestos-containing products she worked on. The family was not able to win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing equipment she worked on filed a motion for summary judgment in support of her state-law claim was not viable because it did not allege that the manufacturer knew 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 families get the compensation they are entitled to. His extensive experience in FELA cases which include asbestos lawsuit exposure, has allowed him to obtain millions of dollars in settlements and verdicts for his clients. He is committed to helping injured railroad workers and their families collect damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

asbestos lawsuit was extensively used in the construction and design of railroads. However, it proved to be extremely dangerous for the railway workers who were exposed to the poisonous substance. The material is extremely durable and capable of withstanding immense amounts of heat. However these qualities are the reason it is dangerous to those who work with it.

It could take years for mesothelioma symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These conditions can be extremely expensive for the families of victims because they require medical treatment and to bear the physical pain and emotional suffering. Fortunately, victims of asbestos-related diseases can receive compensation from a variety of sources.

The most popular method for railroad workers injured to receive financial compensation is through a lawsuit filed with a mesothelioma law firm. These claims can be filed in federal court or state courts in which railroad companies are located. An injury victim must prove that the negligence of their employer led to their injury and they are owed financial compensation.

Unlike most other workplace injuries, railroad workers do not have access to the standard workers compensation system in the majority of states. They can sue their employers for compensation under FELA protections.

This kind of claim is a civil suit where the injured person must show that negligence by their employer caused mesothelioma or other injury. 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.

In this case, the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from going forward because the claim is based upon FELA which goes over state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk to an attorney about their particular circumstances so they can ensure that their legal rights are secured.