Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a tough and heat-resistant product. However, these same qualities made asbestos a deadly and toxic material for those who came in contact with it.

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

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a hazardous material that can cause a variety of health issues, including cancer. Fortunately, railroad workers are entitled to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, however, it is filed against the employer, not the defendant in criminal cases.

The FELA was passed 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 covers workers injured on the job due to their employer's negligence. It also permits railroad workers to file claims for certain illnesses, such as mesothelioma.

Over the years, several railroad companies have been involved in va asbestos claims litigation. These railroad companies include national asbestos workers claims address corporations such as Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers can sue these companies and manufacturers of asbestos-containing products such as locomotive parts or boilers.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources in order to help pay medical bills, lost income, and other expenses.

It is essential to choose a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can help you obtain maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm represented an individual whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was an employee who brought asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case, and the family was awarded a significant mesothelioma compensation.

Understanding the statute of limitation and your rights in a settlement are crucial when deciding on the FELA case. The railroads that are defending themselves often try to reduce the amount of money paid to a victim, claiming they cannot prove the illness was caused directly due to their exposure to the work environment. It is important to seek legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for years. While cars are now surpassing trains for most passengers but the rail network is an essential element of freight transportation. Asbestos was employed throughout the railroad industry to protect pipelines, Railroad Asbestos Claims engines and car parts.

Rail workers are frequently exposed to asbestos through their work with equipment that they maintain and repair. Workers brought asbestos dust home on their clothing, exposing their families to the poisonous mineral.

Railroad companies were aware of asbestos' dangers in 1935, yet they continued to employ the material on their trains through the 1980s and 90s. Sadly, many of these workers have now developed life-threatening illnesses as a consequence of their exposure to the dangerous mineral.

Asbestos victims typically are required to file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held accountable for failing to warn of the dangers associated with their products, and for producing asbestos-containing materials that was found to be harmful.

For example, the family of a BNSF railroad worker who died of mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant where the uncle of the deceased was employed. The family alleges the deceased's uncle would often bring his asbestos-covered work clothing to his home and that his children would roughhouse him when the clothes were on. This lapse in judgment led to mesothelioma that caused the death of the family member.

When asbestos-related diseases like mesothelioma are discovered, workers lose the time they would have been able to enjoy retirement and their final years. These cases bring to justice companies that flagrantly disregarded the safety and health of dedicated railroad employees to maximize their own profits.

Asbestos lawsuits against railroads resulted in compensation for families and workers who were injured. However, since a proof of manifest injury is required to file an FELA claim, countless seemingly healthy railroad workers who don't get sick due to asbestos may not be able to bring an claim. This is a clear violation of 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 legal basis for the majority of asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos lawyers are able to manage claims under a variety of different laws and statutes to ensure that injured workers and their families get the justice they deserve.

Asbestos was used extensively in railway components, such as locomotive engines, steam boilers and brakes. A lot of these components required machining or cutting which created asbestos dust that could be inhaled by workers. The asbestos poisoning claim dust could be inhaled and cause lung diseases such as mesothelioma.

If railroad workers develop mesothelioma or other asbestos-related illnesses, they can bring a state-law suit against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living victims.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding technician for PATCO Railroad. She filed a lawsuit against the companies that made asbestos-containing products she worked with. The family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made asbestos-containing products for which she worked filed a motion for a summary judgment. They claimed that her state law claim was not valid since it did not claim that the company was aware of the dangers that come with asbestos being used in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families receive the compensation they deserve. His vast experience in FELA cases which include asbestos - has allowed him to obtain millions of dollars for his clients in verdicts and settlements. He is committed to helping injured railroad workers and their families collect damages from those responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction and design of railroads. It also posed a threat to many railway workers exposed to the toxic substance. The material is extremely tough and is able to withstand massive quantities of heat. However these qualities are what make it dangerous to workers who work with it.

Due to the toxins found in asbestos, it may take years for the symptoms such as mesothelioma or lung cancer to show up. These diseases can be extremely costly for victims and families because they require medical attention and have to endure physical pain and emotional trauma. Asbestos-related ailments can be paid by a variety sources.

A mesothelioma lawyer is the most commonly used way that injured railroad workers are able to receive financial compensation. These claims for asbestos related disease can be filed in federal court or state courts where the railroad company is. The injured party must prove that their employer was negligent and they have the right to financial compensation.

Unlike most other workplace injuries railroad workers do not have access to the standard workers compensation system in the majority of states. Rather, these workers are legally able to bring an action against their employers under the protections of FELA.

This is a civil claim in which the person who is injured has to prove that their employer's negligence caused their mesothelioma, or another injuries. A recent case before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers accountable for exposing them to asbestos.

In this case, the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific situation with an experienced attorney to better ensure that all legal rights are secured.