Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often due to its durability and heat-resistant material. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

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

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material which can cause health issues, including cancer. Fortunately, railroad workers are able to get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, with the exception that it is filed against an employer rather than the defendant in a criminal case.

The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA is different from state's worker's compensation laws, because it protects employees who suffer injuries at work due to the negligence of their employers. It also permits railroad workers to file claims for certain illnesses, such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies and manufacturers of asbestos-containing goods such as locomotive parts or boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos victims are eligible to claim mesothelioma under state law in addition to FELA claims. This allows families to seek compensation from various sources to pay medical bills, lost wages and other expenses.

If you are filing a FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can assist you in getting the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm represented a family member who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a laborer who frequently brought asbestos dust to his home on his clothes and in his hair. Then, he developed mesothelioma in 2012. Ken was able expedite the case and the family was awarded a significant mesothelioma compensation.

It is crucial to know the statute of limitations and your rights to an agreement when you are dealing with a FELA claim. Railroads that are defending themselves often attempt to limit the amount of money paid out to a victim by arguing that they cannot prove that their illness is directly related to their work-related exposure. It is crucial to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for years. While cars are now surpassing trains for most passengers however, the rail system remains a vital part of freight transportation. Asbestos was employed throughout the railroad industry to protect pipelines, engines and car components.

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

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material on their trains into the 1980s and 90s. Unfortunately, many of these workers are now suffering from life-threatening illnesses because of years of occupational exposure.

Asbestos victims often file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held accountable for failing to warn consumers about the dangers of their products as well as for producing asbestos-containing products that were found to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company was the owner of the brake manufacturing plant in which the uncle who died worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire home and his children would beat the man when the clothes were on. This lapse of judgment led to mesothelioma cancer that killed the family member.

When employees are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable who have flagrantly ignored the health and safety demands of railroad workers in order to maximize profits.

Asbestos lawsuits against railroads resulted in compensation for families and workers who were injured. However, since a proof of manifest injury is required for bringing an FELA claim, many healthy railroad workers who never develop an asbestos-related disease might not be able to bring claims. This is a clear violation of the tort law principle of compensation for the victims of other people's actions.

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 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 extensively used in railway components such as steam boilers, locomotive engines and brakes. Asbestos dust was produced through cutting and machining of these components, which workers could inhale. The asbestos dust could be inhaled and cause lung problems like mesothelioma.

If railroad workers suffer from mesothelioma asbestos claims, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers and the producers of the products which exposed them to hazardous asbestos claims how much. These claims are filed before state courts where juries and judges have extensive experience in determining compensation for mesothelioma patients. State courts also offer priority to cases that are filed by living victims.

This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma as a welding worker for PATCO Railroad. She sued the companies that manufactured the asbestos-containing equipment she worked on. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos mesothelioma legal claim-containing equipment that she worked on filed a motion for summary judgment, arguing that her state-law claim was not valid because it did not claim that the company knew about the risks of using asbestos claims australia in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they deserve. His extensive experience in FELA cases including asbestos cases has helped him secure millions of dollars for his clients through verdicts and settlements. He is committed to helping injured railroad workers and their families recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction and design of railroads. However, it proved to be extremely deadly for many railway workers who were exposed to the poisonous material. The material is extremely durable and can withstand huge amounts of heat. However, these qualities are exactly what make it hazardous for people who work with it.

It could take a long time for mesothelioma-related symptoms and lung cancer to manifest due to the toxins found in asbestos. These illnesses can be extremely expensive for the victims and their families since they require medical care and must deal with their physical and emotional suffering. Asbestos-related illnesses can be compensated by a variety of sources.

The most common way for injured railroad workers to receive financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal court or state courts where the railroad company is. A victim of injury must prove 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 workers compensation system in a lot of states. Rather, these workers are eligible to file a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the victim must prove that their employer's negligence caused their mesothelioma, railroad asbestos claims or other injury. However, a recent case brought to the Supreme Court highlights a roadblock for railroad workers who try to make their employers accountable for exposure to asbestos.

In this case the family of a deceased railway employee filed an asbestos lawsuit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding 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 circumstances with an experienced lawyer to better ensure that their legal rights are secured.