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Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing materials because it was a highly durable and heat-resistant substance. The same properties also made asbestos toxic and deadly to anyone who came in contact with it.

Rail workers frequently brought asbestos dust particles home on their clothing or in their hair. This could expose their families to danger as well.

Federal Employers Liability Act

Asbestos is a hazard that railway workers are exposed to. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, but it is filed against an employer rather than an individual defendant like in the case of a criminal.

The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it covers workers injured on the job due to the negligence of their employers. It also allows railroad workers to file claims when they develop certain illnesses, such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers could sue these companies and manufacturers of asbestos-containing goods such as locomotive parts or boilers.

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

It is crucial to find an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in getting maximum 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 often brought asbestos dust to his home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able speed up the case, and the family received a substantial mesothelioma settlement.

It is important to be aware of the time limit and your rights to a settlement when dealing with the FELA claim. Railroads that defend themselves frequently try to cut down on the amount they pay to the victim, claiming they cannot prove the illness was directly caused due to their exposure to the work environment. It is essential to seek the legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For decades, railroad workers have suffered from asbestos-related illnesses for a long time. Rail is still an integral part of freight transport despite the fact that cars are the most popular mode of transport for passengers. Asbestos has been utilized in the railroad industry for decades to protect engine parts, pipes, and other automobile components.

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

Railroad companies were aware of asbestos's dangers in 1935, but continued to use the substance on their trains through the 1980s and 90s. Unfortunately, a lot of these workers are currently suffering from serious illnesses as a result years of exposure to asbestos in the workplace.

Asbestos victims often file FELA claims against manufacturers of the asbestos-containing equipment they used. These manufacturers may be held responsible for not warning of the risks associated with their products, and for producing asbestos attorneys-containing material that was found to be harmful.

For instance the family of an BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the deceased's uncle was employed. The family claims that the deceased's uncle often brought his asbestos-covered work clothes at home, and his children would slap him when he was wearing these clothes. This lapse of judgment led to mesothelioma that caused the death of the family member.

When asbestos-related illnesses like mesothelioma is diagnosed, workers lose the time they would have had to enjoy retirement and their final years of life. These cases hold companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad employees to maximize profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a clear injury has to be proved in order to establish a FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able to make a claim. This is a clear infringement to the tort law principle of compensation for those who suffer as a result of the actions of others.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, a few railroad workers are covered by state law which may offer additional legal protections. Asbestos Lawyer lawyers can handle claims under a variety of statutes and laws in order to help injured workers receive the compensation they need.

Asbestos was widely used in railway components such as locomotive engines, steam boilers 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. The asbestos dust may also be ingested, causing lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma or any other asbestos-related illness in their lifetime, they may be able to file state-law claims against their employers and the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the proper compensation for mesothelioma victims. State courts also give priority to cases and advance filing by living mesothelioma victims.

Sandra Brust, from New Jersey 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 with. Unfortunately her family was not able to prevail because the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that produced the asbestos-containing equipment that she worked on filed a motion for summary judgment and argued that her state law claim was not viable because it did not allege that the company knew about the dangers of using asbestos lawsuit in their products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their family members of those who suffer from the same receive the compensation they deserve. His extensive experience in FELA cases, including those involving asbestos exposure, has allowed him to achieve millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers injured and their loved ones recover damages from the parties responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the design and construction of railways. Unfortunately, it also proved to be very deadly for many railway workers who were exposed to the toxic substance. The material is strong and can withstand extreme heat, but these qualities are what makes it dangerous for people who work with them.

Due to the toxins present in asbestos, it could take decades for signs like mesothelioma and lung cancer to show up. These illnesses can be extremely costly for victims and their families since they need medical treatment and are faced with physical and emotional pain. Fortunately, asbestos-related illnesses are eligible for compensation from various sources.

The most common method for railroad workers injured in an accident to get financial compensation is through an action filed by a mesothelioma lawyer firm. These claims can be filed in federal court or state courts in which the railroad company is. Injury victims must prove that their employer was negligent and they have the right to financial compensation.

Railroad workers are not covered under the standard workers compensation system in a number of states. They are instead legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action in which the person who has suffered injury must show that the negligence of their employer caused their mesothelioma, or another injury. However the recent case that was filed before the Supreme Court highlights a roadblock facing some railroad workers who attempt to claim their employers are responsible for the exposure they have to asbestos.

In this particular case the family member of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from progressing because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their specific situation with an experienced lawyer so that they can better ensure all legal rights are secured.