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Railroad Asbestos Claims

Railroad workers frequently used or worked around asbestos-containing materials due to its durable and heat-resistant material. However, the same characteristics made asbestos toxic and deadly for those who came into contact with it.

Often, rail employees would take asbestos dust particles that are deadly on their clothes and hair. This could also put their families at risk.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad employees can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit however, it is filed against the employer rather than a defendant like 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's laws on worker's compensation, as it covers employees who suffer injuries on the job because of their employers ' negligence. It also permits railroad workers to file claims when they suffer from certain diseases, such as mesothelioma.

Over the years, many 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 litigation over the years. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing items like boilers, locomotive parts, and railcar siding.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from various sources in order to help pay medical bills, lost income and other expenses.

It is crucial to find a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family of a man who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was a laborer who often brought asbestos dust to his home on his clothing and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to expedite the case and the family was awarded an extensive mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial when dealing with an FELA case. Railroads that are defending themselves often attempt to reduce the amount paid to the victim by arguing that they cannot prove that their illness is directly linked to their work-related exposure. This is why it is so important to seek legal assistance from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered from the effects of asbestos exposure for years. Although cars now outnumber trains for most passengers, the rail network remains an essential component of freight transportation. Asbestos was utilized throughout the railroad industry to shield train engines, pipes and car components.

In many instances railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing and fixing. Workers brought asbestos dust home on their clothing, which exposed their families to the toxic mineral.

Railroad companies were aware of asbestos attorneys's dangers in 1935, but they continued to use the material on their trains into the 1990s and into the 1980s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of occupational exposure.

Asbestos victims frequently are required to file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. These manufacturers may be held accountable for failing to warn of the risks associated with their products, and for manufacturing asbestos-containing material that was recognized as harmful.

For example, the family of the BNSF railroad worker who died of mesothelioma filed a suit against Pneumo Abex LLC. The company owned the brake manufacturing plant where the uncle who died worked. The family claims that the deceased's Uncle often brought his asbestos-covered work attire home and his children would beat him while the clothes were on. This negligence caused the mesothelioma that caused the death of the family member.

When employees are diagnosed with asbestos-related illnesses 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 neglected the safety and health requirements of dedicated railroad workers in order to maximize profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a clear injury must be shown to bring the possibility of a FELA case, many railroad workers who have not developed an asbestos-related illness may not be able to make claims. This is clearly in violation of the basic principle of tort law: to provide compensation for those who suffer due to the actions of others' actions.

State Law Claims

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

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

If railroad workers contract mesothelioma or other asbestos-related illnesses, they can bring a state-law suit against their employers and manufacturers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges have vast experience in determining proper compensation for mesothelioma victims. In addition, state courts frequently give priority to and quickly forward cases filed by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who made asbestos-containing products she worked on. However her family was not able to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that produced the asbestos-containing products on which she worked filed an application for a summary judgment. They claimed that her state law claim was invalid because it did not state that the company was aware of the dangers that come with the use of asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the loved ones of those individuals obtain the compensation that they are entitled to. His extensive experience in FELA cases which include asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railways. However, it proved to be very deadly for the railway workers who were exposed to the poisonous substance. The material is extremely durable and capable of withstanding immense quantities of heat. However these properties are what make it dangerous to those who work with it.

It could take a long time for mesothelioma-related symptoms and lung cancer to show up because of the toxins in asbestos. These conditions can be very costly for victims and their families, as they require medical treatment and are faced with physical and emotional discomfort. Fortunately, victims of asbestos-related diseases can receive compensation from a variety of sources.

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

In contrast to other types of workplace injuries railroad workers don't have access to the typical workers compensation system in the majority of states. Railroad workers are able to sue their employers under FELA protections.

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

In this case, the family of a deceased railway worker filed an asbestos lawsuit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding because the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important for railroad workers injured to discuss their specific situation with an experienced attorney to better ensure that all legal rights are protected.