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Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing products due to its durable and heat-resistant substance. The same characteristics also made asbestos poisonous and deadly to those who came into contact with it.

Often, rail employees would carry asbestos dust that is deadly with them on their clothes and hair. This could put their families in danger as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos lawsuits. Asbestos is known to cause cancer and other health issues. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, with the exception that it is filed against an employer and not the defendant in a criminal case.

The FELA is a federal law that was enacted in the year 1908 to safeguard railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers workers who are injured at work due to their employer's negligence. Additionally, railroad employees are able to file claims for specific diseases like mesothelioma.

Over the years, several railroad companies have been involved with asbestos lawyers litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies as well as manufacturers of asbestos-containing products such as locomotive parts or boilers.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma patients are able to file state-law claims as well as FELA claims. This allows families to seek compensation from a variety of sources to pay medical expenses, lost wages and other costs.

When submitting the FELA claim, it is important to choose an experienced attorney. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can help you get the most compensation for your injury. Ken Danzinger, shareholder at the firm, represented the family member who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a laborer who regularly brought home asbestos dust on his clothing and in his hair. Then, he developed mesothelioma in 2012. Ken was able to expedite the case, and the family received an extensive mesothelioma settlement.

It is essential to understand the time limit and your rights to an agreement when you are dealing with an FELA claim. The railroads that are defending themselves often try to reduce the money that is paid to a victim, claiming they are unable to prove that the illness was directly caused due to their exposure to the work environment. This is why it is important to seek legal assistance from an experienced attorney for railroads.

Asbestos Manufacturers

For decades, railroad workers have suffered from asbestos-related illnesses for a long time. While cars are now surpassing trains for most passengers but the rail network is a vital part of freight transportation. Asbestos has been used in the railroad industry for a long time to protect engine parts, pipes and automobile components.

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

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to employ the material on their trains into the 1980s and 90s. Unfortunately, many of these workers are currently suffering from serious illnesses as a result years of occupational exposure.

Asbestos victims typically are required to file FELA claims against the manufacturers of asbestos-containing equipment on which they worked. These manufacturers may be held responsible for not advising about the dangers that could be posed by their products, or for producing asbestos-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died from mesothelioma. The company was the owner of the plant that made brakes where the deceased's uncle was employed. The family alleges that the deceased's uncle regularly brought his work clothing to his home, and if they were wearing these clothes his children would play with him and roughhouse him when wearing asbestos attorney-covered work clothing. This lapse in judgment led to mesothelioma cancer that caused the death of the family member.

When employees are diagnosed with asbestos-related diseases such as mesothelioma, they're stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad employees to maximize their profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation claims for injured workers and their families. Because a manifest injury must be proven in order to establish the possibility of a FELA case, countless railroad workers who never been diagnosed with an asbestos-related disease may not be able make claims. This is a clear breach to the tort law principle that pays those who suffer due to the actions of others.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers can handle claims under various statutes and laws in order to help injured workers receive the compensation they deserve.

Asbestos was widely used in railway components like steam boilers, locomotive engines and brakes. A lot of these components required machining or cutting which created asbestos dust that could be inhaled by workers. The asbestos dust can be inhaled and cause lung issues such as mesothelioma.

If railroad workers suffer from mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers as well as the manufacturers of the products that exposed them asbestos. These claims are filed before state courts where juries and judges have extensive experience in determining compensation for mesothelioma sufferers. Additionally, state courts often offer priority to and swiftly move cases filed by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing products she worked on. The family was not able to prevail since the Supreme Court ruled her state-law claim preempted 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 that the company was aware of the dangers that come 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 individuals and their families receive the compensation they deserve. His vast experience in FELA cases including asbestos cases has helped him secure millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those responsible for their injuries, illnesses and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, especially in diesel and steam-powered trains. However, it proved to be very deadly for the railway workers who were exposed to 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 to workers who work with it.

It could take years for mesothelioma-related symptoms and lung cancer to show up due to the toxins found in asbestos. These illnesses can be very costly for victims and families because they require medical treatment and to endure physical pain and emotional trauma. Asbestos-related diseases can be compensated through a variety of sources.

A mesothelioma lawyer is the most common way that injured railroad workers are able to receive financial compensation. These claims can be brought in federal courts or state courts near the railroad company. An injury victim must be able to prove that the negligence of their employer caused their injury and they are entitled to financial compensation.

Railroad workers are not covered under the standard workers compensation system in many states. Instead, they are legally able to bring an action against their employers under the protections of FELA.

This is a civil claim in which the person who is injured has to prove that their employer's negligence caused their mesothelioma, or another injuries. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them to asbestos.

In this case, the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based upon FELA which goes over state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific circumstances with an experienced lawyer to better ensure that their legal rights are protected.