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Railroad Asbestos Claims

Railroad workers often used or worked around asbestos-containing materials because it was a durable and heat-resistant substance. But, these same qualities made asbestos poisonous and deadly for those who came in contact with it.

Most often, railway workers often carry asbestos dust particles that are deadly on their clothes and in their hair. This could put their families in danger.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad employees are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, however, it is filed against the employer rather than an individual defendant as in a criminal case.

The FELA was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA is different than the state's worker's compensation laws, since it covers workers who suffer injuries at work due to the negligence of their employers. Additionally, railroad employees are able to file claims against certain illnesses, such as mesothelioma.

A number of railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies that have been involved in asbestos litigation throughout the years. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing products such as boilers, locomotive parts, and railcar siding.

Certain states have their own programs for workers' compensation in addition to federal law. Asbestos-related victims can claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from a variety of sources in order to help pay for medical bills, lost income, and other expenses.

If you are filing a FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining maximum 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 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 was awarded an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement are crucial when dealing with an FELA case. Railroads that are defending themselves often attempt to limit the amount of money paid to the victim by arguing that they cannot prove that their illness is directly linked to the exposure they endured at work. It is important to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For many years railroad workers have suffered from the effects of asbestos exposure. Rail is still a vital component of freight transportation, even though cars are the most preferred mode of transport for passengers. Asbestos was employed throughout the railroad industry to insulate train engines, pipes and car parts.

In many instances, railroad workers were exposed to asbestos due to on-the-job contact with the equipment they were servicing and fixing. Workers wore Asbestos Claims Lawyers dust on their clothing, exposing their families to the toxic mineral.

While railroad companies knew of asbestos' dangers by 1935, they continued to use it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers have developed life-threatening illnesses as a result of their exposure to asbestos, a dangerous mineral.

Asbestos victims frequently are required to file FELA claims with the makers of asbestos-containing equipment with which they worked. These manufacturers may be held responsible for not advising of the risks associated with their products, as well as for producing asbestos-containing materials 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 owned the brake manufacturing plant where the uncle who died was employed. The family alleges that the deceased's uncle frequently brought his work clothing at home, and that when he wore these clothes, his children would play with him and roughhouse him while he was wearing asbestos-covered work clothing. This lapse in judgment led to mesothelioma cancer that killed the family member.

When asbestos-related diseases such as mesothelioma are diagnosed, workers lose the time they had to enjoy retirement and the final chapters in life. These cases bring to justice companies that flagrantly disregarded the health and safety of railroad workers to maximize their own profits.

Asbestos suits against railroad companies led to compensations for families of injured workers. Since a demonstration of a manifest injury is required for bringing an FELA claim, many seemingly healthy railroad workers who do not suffer from an asbestos-related illness may be unable to make such an claim for asbestos exposure. This is a clear infringement to the tort law principle of compensation for those who suffer due to others' actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, a few railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers can handle claims under different statutes and laws in order to ensure injured workers get the compensation they deserve.

Asbestos was used in a variety of railway components including locomotive engines, brakes, and steam boilers. average asbestos claim payout dust was generated by machining and cutting many of these components, which workers could breathe in. The asbestos claim mesothelioma dust can be ingested, causing lung problems 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 companies that made the products that exposed them asbestos. These claims are filed in state courts where judges and juries have vast experience in determining appropriate amount of compensation for mesothelioma patients. Additionally, state courts typically give priority to and speedily advance cases filed by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding for PATCO Railroad. She sued the companies that made the asbestos-containing equipment that she worked on. The family was not able to win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing equipment she worked on filed an application for summary judgment, arguing that her state-law claim was not valid since it did not state that the company knew about the dangers of using asbestos in their 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 receive the compensation they deserve. His vast experience in FELA cases including asbestos cases has helped him obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers and their families collect damages from those responsible for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims for asbestos related disease successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, especially in diesel- and steam-powered trains. It was also deadly for many railway workers exposed to the toxic substance. The material is strong and is able to be able to withstand extreme heat, however these properties make it dangerous for those who work with them.

It could take years for mesothelioma-related symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These conditions can be very expensive for patients and their families as they require medical care and asbestos claims lawyers are faced with physical and emotional discomfort. Asbestos-related illnesses can be compensated by a variety of sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can receive financial compensation. These lawsuits can be filed in federal court, or state courts located close to the railroad's company. An injury victim must be able to demonstrate that the negligence of their employer led to their injury and they are owed financial compensation.

Unlike most other types of workplace injuries railroad workers do not have access to the traditional workers compensation system in the majority of states. These workers can sue their employers under FELA protections.

This is a civil action in which the person who is injured must demonstrate that the negligence of their employer caused their mesothelioma, or any other injuries. However, a recent case brought to the Supreme Court highlights a roadblock for railroad workers who are trying to hold their employers accountable for exposure to 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 stop this lawsuit from moving forward since the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their specific situation with an experienced attorney to better ensure that all legal rights are secured.