7 Things You ve Never Learned About Railroad Asbestos Claims
Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials often because it was a tough and heat-resistant product. However, the same characteristics made asbestos toxic and deadly for those who came into contact with it.
Rail workers frequently brought deadly asbestos attorneys dust fibres home on their clothing or in their hair. This could put their families at risk as well.
Federal Employers Liability Act (FELA)
Railroad workers are often exposed to asbestos. Asbestos can cause cancer as well as other health issues. Fortunately, railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, but it is filed against an employer rather than an individual defendant like in criminal cases.
The FELA is an act of the federal government that was passed in 1908 to protect railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job due to the negligence of their employers. It also allows railroad employees to file claims if they suffer from certain ailments like mesothelioma.
Numerous railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroads who have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing products like locomotive parts or boilers.
In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers can file state law claims, as well as FELA claims. This allows families to seek compensation from a variety of sources to pay medical bills, lost wages and other expenses.
If you are filing a FELA claim, it is important to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining maximum compensation for your injuries. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a laborer who regularly brought asbestos dust home on his clothes and in his hair, and he developed mesothelioma in 2012. Ken was able to speed up the case and his family received an important mesothelioma payout.
Understanding the statute of limitations and your rights in a settlement are crucial in a FELA case. Railroads who are defendants frequently try to reduce the amount of money paid to the victim by claiming that they cannot prove that their illness is directly linked to their exposure at work. This is why it is important to seek legal advice from an experienced railroad attorney.
Asbestos Manufacturers
Many railroad workers have been suffering the ravages of asbestos exposure for decades. Although cars have now surpassed trains for the majority of passengers but the rail network is an essential element of freight transportation. Asbestos was employed throughout the railroad industry to shield pipelines, engines and car components.
In many instances railroad workers were exposed to asbestos due to working contact with the equipment they were servicing or fixing. Workers brought asbestos dust home on their clothing, exposing their families to the harmful mineral.
Railroad companies were aware of asbestos's dangers in 1935, but they continued to use the material on their trains into the 1980s and 90s. Unfortunately, a large number of workers have now developed life-threatening diseases as a result of their exposure to the dangerous mineral.
Asbestos victims often have to file FELA claims with the makers of asbestos-containing equipment with which they worked. They can 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 an BNSF railroad employee who died of mesothelioma. The company was the owner of the brake manufacturing plant where the deceased's uncle worked. The family claims that the deceased's uncle often brought his work clothing to his home, and if they were wearing these clothes, his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This negligence led to mesothelioma which killed the family member.
If workers are diagnosed with asbestos-related illnesses such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases make companies accountable for having flagrantly neglected the safety and health requirements of dedicated railroad employees in order to maximize their profits.
Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Since a demonstration of manifest injury is required to file a FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may not be able to bring claims. This is clearly in violation of the basic principle of tort law, which is to provide compensation for those who suffer because of others' actions.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to handle claims under various statutes and laws in order to ensure injured workers receive the compensation they deserve.
Asbestos was used in a variety of railway components, including locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which created asbestos dust that could be breathed in by workers. This asbestos dust can also be inhaled, causing lung problems such as mesothelioma.
When railroad workers develop mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers as well as the companies that made the products which exposed them to hazardous 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 have priority to cases and advance filing by living victims.
This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welder at PATCO Railroad. She sued the companies that produced the asbestos-containing equipment she worked on. Her family was unable prevail because the Supreme Court ruled her state-law claim was preempted by FELA.
The company that produced the asbestos-containing products for which she worked, filed a motion for a summary judgment. They argued that her state law claim was invalid because it did not state that the manufacturer was aware of the risks associated 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 are entitled to. His extensive experience in FELA cases - including those involving asbestos has helped him obtain millions of dollars for his clients in verdicts and settlements. He is committed to helping railroad workers and their families recover damages from those accountable for their illnesses, injuries, and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was extensively utilized in the design and construction of railways. However, it proved to be very deadly for the railway workers who were exposed to the toxic material. The material is tough and is able to endure extreme heat, but these qualities are what make it dangerous for the people who work with them.
Because of the toxins in asbestos, it can take decades for symptoms such as mesothelioma or cancer to show up. These conditions can be very costly for victims and their families as they require medical care and have to deal with their physical and emotional discomfort. Fortunately, victims of asbestos-related diseases are eligible for compensation from a variety of sources.
A mesothelioma lawyer is the most common way that injured railroad workers are able to receive financial compensation. The claims can be filed in federal court or state courts where railroad companies are 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 lot of states. These workers can sue their employers under FELA protections.
This is a civil claim where the victim must demonstrate that the negligence of their employer caused their mesothelioma or another injury. However the recent case that was that was brought before the Supreme Court highlights a roadblock that railroad workers face when they are trying to make their employers accountable for the exposure they have to asbestos.
In this particular case, a family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific situation with an experienced lawyer so that they can better ensure that all legal rights are secured.