Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot due to its durability and heat-resistant product. But, these same qualities made asbestos poisonous and deadly for those who came into contact with it.

Rail workers frequently carried asbestos dust particles home on their clothes or in their hair. This could put their families in danger.

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed. Asbestos is known to cause cancer and other health issues. Fortunately, railroad employees are able to get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, except that it is filed against an employer rather than an individual defendant like in the case of a criminal.

The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers employees who are injured on the job because of their employer's negligence. It also allows railroad workers to file claims if they suffer from certain ailments like mesothelioma.

A number of railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad employees are able to sue these companies under FELA as well as manufacturers of asbestos-containing products such as locomotive parts, boilers and railcar siding.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from multiple sources in order to help pay for medical bills, lost income, and other expenses.

When filing a FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy's lawyers have a wealth mesothelioma expertise and can help you get maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was an employee who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family received an extensive mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is essential in an FELA case. Defendant railroads often try to reduce the amount paid out to a victim by claiming that they cannot prove that their illness is directly linked to the exposure they endured at work. This is why it is so important to seek legal assistance from a seasoned railroad attorney.

Asbestos Manufacturers

For many years railroad workers have been suffering from the effects of asbestos exposure. Rail is still an integral part of freight transport even though automobiles are now the most preferred mode of travel for passengers. Asbestos was used throughout the railroad industry to shield train engines, pipes and car parts.

Rail workers are often exposed to asbestos because of their work with equipment that they repair and service. Workers also brought asbestos dust home on their clothing, exposing their spouses and children to the toxic mineral too.

Railroad companies were aware of asbestos' dangers in 1935, but they continued to employ the material on their trains through the 1990s and into the 1980s. Sadly, many of these workers are now suffering from life-threatening illnesses as a consequence of their exposure to asbestos, a dangerous mineral.

Asbestos victims often file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held liable for failing to warn about the dangers of their products and for producing asbestos lawyers-containing products that were known to be dangerous.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the uncle who died was employed. The family claims that the deceased's uncle often brought work clothes at home, and that when he wore these clothes, his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothes. This lapse of care led to the mesothelioma that caused the death of the family member.

When asbestos-related diseases like mesothelioma are discovered workers lose the time they would have enjoyed retirement and the final years. These cases hold companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad workers in order to maximize profits.

Asbestos suits against railroad companies resulted in compensations for families and workers who were injured. Since a clear injury has to be proved to bring an FELA case, countless railroad workers who have not been diagnosed with an asbestos lawyers-related disease may not be able to make a claim. This is a clear infringement to the tort law principle that compensates those who suffer as a result of other people's actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, certain railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers can handle claims under various statutes and laws in order to help injured workers receive the compensation they deserve.

Asbestos was used in various railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was generated through cutting and machining of these components, and workers could inhale. The asbestos dust may also be inhaled, causing lung issues like mesothelioma.

When railroad workers suffer from mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers and the companies that made the products which exposed them to hazardous asbestos. These claims are filed before state courts, where judges and juries possess vast experience in determining the compensation for mesothelioma patients. In addition, state courts frequently give priority to and quickly advance cases brought by living plaintiffs.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment she worked on. However her family was not able to prevail because 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 a motion for a summary judgment. They argued that her state law claim was not valid because it did not state that the manufacturer was aware of the dangers that come with using asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they are entitled to. His extensive experience in FELA cases which include asbestos - has helped him to secure millions of dollars for his clients through verdicts and settlements. He is dedicated to helping railroad workers injured and their families recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has been successful in handling railroad injury claims 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. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is very durable and is able to withstand massive amounts of heat; however these properties are the reason it is dangerous for people who work with it.

It can take years for mesothelioma-related symptoms and lung cancer to show up due to the toxins found in asbestos. These illnesses can be extremely costly for victims and their families, as they need medical treatment and must deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from a variety of sources.

The most common method for injured railroad workers to receive financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These claims can be filed in federal court or state courts in which a railroad company is located. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in a number of states. Instead, they are qualified to file a lawsuit against their employers under the protections of FELA.

This type of claim is a civil lawsuit where the injured person must prove that negligence by their employer caused their mesothelioma, or another injury. However an upcoming case filed before the Supreme Court highlights a roadblock facing some railroad workers who try to make their employers accountable for the exposure they have to asbestos.

In this particular instance, a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since 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 circumstances with an experienced lawyer so that they can better ensure that their legal rights are protected.