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Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing products due to its durable and heat-resistant substance. However, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

Often, rail employees would take deadly asbestos dust fibers home with them on their clothes and in their hair. This could put their families at risk.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos can cause cancer as well as other health problems. Thankfully, railroad workers can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but is filed against the employer instead of an individual defendant as in a criminal case.

The FELA was enacted 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 protects employees injured on the job due to their employer's negligence. It also allows railroad employees to file claims for certain illnesses, such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroads that have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing products such as boilers, locomotive parts, and railcar siding.

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers are able to file state-law claims as well as FELA claims. This allows families to pursue compensation from a variety of sources to help pay medical expenses, lost income and other expenses.

It is important to hire a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining maximum compensation for your injuries. 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 worker who brought asbestos dust home 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.

It is crucial to know the time limit and your rights to settlement when settling an FELA claim. The railroads who defend themselves often try to reduce the money that is paid to the victim, claiming they are unable to prove that the illness was directly caused due to their exposure at work. This is why it is so important to seek legal help from an experienced attorney for railroads.

asbestos attorney Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for years. Rail remains an important part of freight transportation despite the fact that cars are the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to insulate pipelines, engines and car components.

In many cases, railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing and repair. 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 lawyer in 1935, but continued to use the material in their trains throughout the 1980s and 90s. Sadly, many of these workers are now suffering from life-threatening illnesses as a consequence of their exposure to the dangerous mineral.

Asbestos victims typically file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. These manufacturers can be held accountable for failing to warn about the dangers of their products, and for producing asbestos-containing products that were found to be dangerous.

For instance, the family of an BNSF railroad worker who passed away from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the deceased's uncle was employed. The family alleges that the deceased's uncle regularly brought his work clothes to his home, and if he wore these clothes, his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This negligence led to mesothelioma which caused the death of the family member.

When asbestos-related diseases like mesothelioma is diagnosed workers lose the time they would have enjoyed retirement and their final years. These cases make companies accountable who have flagrantly disregarding the health and safety requirements of dedicated railroad employees in order to maximize profits.

Asbestos suits against railroad companies resulted in compensation for families of injured workers. Because a manifest injury must be proven to be able to bring an FELA case, many railroad workers who never developed an asbestos-related illness may not be able to file a claim. This is a clear violation to the tort law principle of compensation for those who suffer as a result of other people's actions.

State Law Claims

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

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

When 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 as well as the companies that made the products that exposed them asbestos. These claims are filed before state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma sufferers. In addition, state courts frequently give priority to and quickly forward cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welder at PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment she worked on. Her family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing equipment she worked on filed a motion for summary judgment, arguing that her state-law claim was not valid since it did not state that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they are entitled to. His vast experience in FELA cases, including those involving asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping injured railroad workers and their families recover damages from the parties 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 extensively used in the construction of railroads, especially in diesel- and steam-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat. However these qualities are the reason it is dangerous to people who work with it.

It could take a long time for mesothelioma symptoms and lung cancer to show up due to the toxins found in asbestos attorney. These illnesses can be extremely costly for victims and their families, as they require medical care and have to deal with their physical and emotional suffering. Fortunately, asbestos-related illnesses are eligible for compensation from various sources.

The most popular method for railroad workers injured in an accident to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal courts or state courts where the railroad company is. A victim of injury must demonstrate that the negligence of their employer led to their injury and they are entitled to financial compensation.

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

This is a civil lawsuit where the victim must demonstrate that the negligence of their employer caused their mesothelioma, or another injuries. However the recent case that was filed before the Supreme Court highlights a roadblock that railroad workers face when they attempt to claim their employers are responsible for exposing them to asbestos.

In this particular instance, a family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based upon FELA which overrides 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 all legal rights are secured.