Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials often because it was a durable and heat-resistant material. The same properties also made asbestos toxic and deadly to those who came in contact with it.

Often, rail employees would carry deadly asbestos dust fibers home on their clothes and in their hair. This could put their families in danger as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material that can cause many illnesses such as cancer. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, except that it is filed against an employer, not a defendant as in the case of a criminal.

The FELA is a federal law that was passed in 1908 to safeguard 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 their employers ' negligence. Additionally, railroad employees are able to file claims for specific illnesses such as mesothelioma.

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

In addition to the federal law, certain states have their own worker's compensation programs. asbestos claims in canada-related mesothelioma victims are able to file state law claims, as well as FELA claims. This permits families to seek compensation from multiple sources to pay for medical expenses, lost wages and other expenses.

If you are filing an FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 to 1959 as a steam-engine scrapper. He was a laborer who regularly brought home asbestos dust on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and the family was awarded a significant mesothelioma settlement.

It is essential to understand the statute of limitations and your rights to a settlement when dealing with an FELA claim. The railroads who defend themselves frequently try to cut down on the amount of money paid to a victim, claiming they cannot prove the illness was directly caused by their negligence at work. This is why it is important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

For many years railroad workers have been suffering from asbestos-related illnesses for a long time. While cars are now surpassing trains for the majority of passengers, the rail network remains an essential element of freight transportation. Asbestos has been used in the railroad industry for decades to protect engine parts, pipes and automobile components.

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

While railroad companies were aware of asbestos' dangers by 1935 but they continued to employ asbestos in their trains until the 1980s and 1990s. Unfortunately, many of these workers are now suffering from life-threatening diseases due to years of exposure to asbestos in the workplace.

Asbestos victims frequently file FELA claims against the makers of the asbestos-containing equipment that they used. They can be held accountable for failing to warn of the dangers of their products as well as for manufacturing asbestos-containing materials that were 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 owned the plant that made brakes where the uncle of the deceased was employed. The family alleges the deceased's uncle would often bring his asbestos and mesothelioma claims-covered work clothes at home, and his children would beat him when he was wearing these clothes. This negligence caused the mesothelioma cancer that caused the death of the family member.

When asbestos-related diseases such as mesothelioma are discovered workers lose the time they been able to enjoy retirement and the final years. These cases are a way to hold accountable companies that flagrantly disregarded the health and safety of dedicated railroad employees to increase their profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clearly-defined injury has to be proved to be able to bring an FELA case, countless railroad workers who have not been diagnosed with an asbestos-related disease may not be able make claims. This is a clear breach of the tort law principle that pays the victims of others' actions.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits filed against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to manage claims under a variety of laws and statutes to help injured workers and railroad asbestos claims their families get the amount of compensation they are entitled to.

asbestos death claim was utilized in a variety of railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was created through cutting and machining of these components, and workers could inhale. The asbestos dust can be inhaled, causing lung diseases like mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related illnesses, they can make a claim under the state law against their employers and manufacturers of the products which exposed them to asbestos. These claims are brought before state courts where juries and judges have extensive experience in determining compensation for mesothelioma sufferers. 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 contracted mesothelioma after working as a welding worker for PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products that she worked on. Unfortunately, her family was unable to prevail because the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that made the asbestos-containing products for which she worked filed a motion for a summary judgment. They asserted that her state law claim was invalid because it did not allege the manufacturer knew of the dangers that come with the use of asbestos 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 extensive experience in FELA cases, including those involving asbestos exposure, has allowed him to secure millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families obtain damages from those accountable for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, specifically in steam- and diesel-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is extremely durable and is able to withstand massive amounts of heat. However these properties are what make it dangerous to those who work with it.

It could take a long time for mesothelioma-related symptoms and lung cancer to appear due to the toxins that are found in asbestos. These diseases can be extremely costly for victims and families, as they require medical treatment and to endure physical pain and emotional trauma. Asbestos-related diseases can be compensated by a variety of sources.

The most common way for injured railroad workers to receive financial compensation is through an action filed by a mesothelioma lawyer firm. These claims can be brought in federal court, or state courts located near the railroad company. An injury victim must prove that their employer's negligence led to their injury and they are owed financial compensation.

As opposed to other types of workplace injuries, railroad workers do not have access to the standard workers compensation system in the majority of states. These workers can sue their employers for compensation under FELA protections.

This kind of claim is a civil action where the injured person must show that the negligence of their employer caused their mesothelioma, or other ailment. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them asbestos.

In this particular instance, an individual from the family 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 stop this lawsuit from going forward because the asbestosis claim form is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney regarding their particular circumstances so they can ensure all of their legal rights are protected.