Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often due to its durability and heat-resistant material. These same qualities also made asbestos poisonous and deadly to those who came in contact with it.

Often, rail employees would take asbestos dust that is deadly with them on their clothing and in their hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, except that it is filed against an employer and not an individual defendant like in criminal cases.

The FELA is a federal law enacted in the year 1908 to protect railroad workers who were injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job because of their employer's negligence. It also permits railroad workers to file claims against certain illnesses such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations such as Amtrak and Transtar as well as municipal and local railroads as well as state railroads. Railroad workers can sue these companies under FELA and also manufacturers of asbestos-containing products such as boilers, locomotive parts and railcar siding.

In addition to the federal law, some 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 seek compensation from a variety of sources to pay medical expenses, lost wages and other costs.

It is important to hire an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, a 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 a laborer who frequently brought home asbestos dust on his clothing and in his hair. Then, he developed mesothelioma in 2012. Ken was able expedite the case, and railroad asbestos claims the family received an important mesothelioma settlement.

It is crucial to know the time limit and your rights to a settlement when dealing with a FELA claim. Railroads who are defendants frequently try to limit the amount they pay to victims by claiming that they cannot prove that their illness is directly linked to their work-related exposure. It is essential to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for decades. Although cars now outnumber trains for most passenger travel however, the rail system remains an essential component of freight transportation. Asbestos was utilized throughout the railroad industry to protect trains, pipes and car parts.

In many cases railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing and repairing. Workers also brought asbestos dust home on their clothing, exposing their spouses and children to the toxic mineral, too.

While railroad companies knew of asbestos' dangers as of 1935, they continued to use asbestos on their trains through the 1980s and 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result of exposure to the hazardous mineral.

Asbestos victims often are required to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. The manufacturers could be held accountable for failing to warn about the dangers of their products and for producing asbestos-containing products that were known to be harmful.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company was the owner of the brake plant at which the nephew of the deceased worked. The family alleges the deceased's Uncle often brought his asbestos-covered work clothing home and his children would beat him when the clothes were on. This negligence caused the mesothelioma cancer that caused the death of the family member.

When employees are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis claim amounts, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make the companies accountable for having blatantly disregarding the health and safety demands of railroad workers in order to maximize their profits.

Asbestos suits against railroads resulted in compensation for families and workers who were injured. Since a clearly-defined injury has to be proved to be able to bring a FELA case, countless railroad workers who never suffered from an asbestos-related illness might not be able to file an claim. This is a clear infringement to the tort law principle that pays the victims of the actions of others.

State Law Claims

While federal law lays the foundation for many asbestos lawsuits, a few railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can handle claims under a variety of statutes and laws to help injured workers get the compensation they deserve.

Asbestos was utilized in various railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was created through cutting and machining of these components, which workers could inhale. This asbestos dust can also be inhaled, which can cause lung issues like mesothelioma.

If railroad workers contract mesothelioma, or any other asbestos-related diseases, they may make a claim under the state law against their employers and the manufacturers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly forward cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder at PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment that she worked on. However, her family was unable to prevail since the Supreme Court ruled that her state law claim was preempted by FELA.

The company that produced the asbestos-containing products for 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 associated with asbestos being used in its products. The Supreme Court agreed and 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 vast experience in FELA cases - including those involving asbestos - has allowed him to obtain millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those who are responsible for their illnesses, injuries, and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, particularly in diesel- and steam-powered trains. However, it proved to be extremely dangerous for many railway workers who were exposed to the toxic substance. The material is strong and is able to endure extreme heat, but these characteristics makes it dangerous for people who work with them.

Due to the toxins present in asbestos, it may take years for the symptoms such as mesothelioma or lung cancer to develop. These conditions can be very expensive for the victims and their families, as they require medical care and have to deal with their physical and emotional pain. Fortunately, victims of asbestos poisoning claim-related diseases are eligible for Railroad Asbestos Claims compensation from various sources.

The most common way for railroad workers injured in an accident to receive financial compensation is through the filing of a lawsuit by a mesothelioma asbestos claims lawyer 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 they are entitled to financial compensation.

Railroad workers are not covered by the standard worker compensation system in a number of states. Instead, they are legally able to bring a lawsuit against their employers under the protections of FELA.

This is a civil claim where the victim has to prove that their employer's negligence caused their mesothelioma, or other injuries. However an upcoming case brought to 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 case the family of a deceased railway worker filed an asbestos lawsuit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from proceeding because the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. It is still important that railroad workers who are injured speak to an attorney about their particular circumstances so they can ensure that their legal rights are protected.