Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing products a lot due to its durability and heat-resistant material. However, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

Most often, railway workers often carry asbestos dust particles that are deadly on their clothes and hair. This could put their families at risk.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers have the right 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 rather than the defendant in a criminal case.

The FELA was passed 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, asbestos claims in Canada as it covers employees who are injured on the job due to their employers ' negligence. Additionally, railroad employees are able to file claims for specific diseases like mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers could sue these companies and manufacturers of asbestos-containing products like locomotive parts and boilers.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma victims can file state law claims, as well as FELA claims. This permits families to seek compensation from a variety of sources in order to help pay for medical expenses, asbestos claims in Canada lost income and other expenses.

It is crucial to find an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented the family of a man who worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. 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 received an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial in the FELA case. Railroads that defend themselves frequently try to cut down on the amount they pay to a victim, by claiming they are unable to prove that the illness was caused directly by their negligence at work. This is why it is so important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for a long time. While cars are now surpassing trains for most passenger travel, the rail network remains an essential element of freight transportation. Asbestos was utilized throughout the railroad industry to protect trains, pipes and car parts.

Rail workers are frequently exposed to asbestos through their work with the equipment they repair and service. Workers also brought asbestos cancer claims dust home on their clothes, which exposed their children and spouses to the harmful mineral as well.

While railroad companies were aware of the dangers of asbestos by 1935 but they continued to employ asbestos on their trains through the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases because of years of occupational exposure.

Asbestos victims typically file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held accountable for their failure to warn of the dangers of their products, and for producing asbestos-containing materials that were known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the deceased's uncle was employed. The family alleges that the deceased's uncle frequently brought his work clothes home, and when they were wearing these clothes his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothes. This negligence caused the mesothelioma cancer that killed the family member.

When asbestos-related diseases such as mesothelioma lawyers asbestos claims is diagnosed, workers lose the time they would have been able to enjoy retirement and their final years of life. These cases hold accountable companies that flagrantly disregarded the safety and health of dedicated railroad employees to increase their profits.

Asbestos suits against railroad companies resulted in compensations for families of injured workers. Because a manifest injury must be proven in order to establish a FELA case, countless railroad workers who have not suffered from an asbestos-related illness might not be able to make an claim. This is a clear violation of the tort law principle that compensates those who suffer as a result of the actions of others.

State Law Claims

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

Asbestos was used in a variety of railway components including locomotive engines, brakes and steam boilers. Many of these components required machining or cutting which created asbestos dust which could be inhaled by workers. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses and diseases, they could have state-law claims against their employers as well as the companies that made the products that exposed them to dangerous asbestos. These claims are filed in state courts which are where juries and judges have vast experience in determining the compensation for mesothelioma sufferers. Additionally, state courts often give priority to and quickly advance cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma asbestos claims as a welder at PATCO Railroad. She filed a lawsuit against the companies that manufactured the asbestos-containing products she worked on. However her family was not able to prevail because the Supreme Court ruled that her state law claim was preempted by FELA.

The company that manufactured the asbestos-containing equipment she worked on filed a motion for summary judgment and argued that her state law claim was not viable because it did not claim that the company knew about the dangers of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they deserve. His extensive experience in FELA cases that include asbestos exposure, has helped him achieve millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families collect damages from those responsible for their injuries, illnesses and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the design and construction of railways. Unfortunately, it also proved to be very deadly for the railway workers who were exposed to the toxic material. The material is extremely durable and is able to withstand massive amounts of heat; however these qualities are what make it hazardous for those who work with it.

It could take a long time for mesothelioma-related symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These illnesses can be very costly for victims and families because they require medical attention and have to endure physical pain and emotional trauma. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation through various sources.

A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured are able to receive financial compensation. These lawsuits can be filed in federal court or state courts close to the railroad company. A victim of injury must prove that their employer's negligence caused their injury and they are owed financial compensation.

As opposed to other types of workplace injuries railroad workers do not have access to the traditional workers' compensation system in most states. They are instead eligible to file an action against their employers under the protections of FELA.

This kind of claim is a civil action in which the person who has suffered injury must show that their employer's negligence led to their mesothelioma or other injury. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them Asbestos claims in canada.

In this case the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward because the claim is based on FELA, which trumps state laws regarding asbestos claims. It is still important that railroad workers who have been injured speak to an attorney regarding their particular circumstances so they can ensure all of their legal rights are protected.