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Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing materials because it was a durable and heat-resistant substance. But, these same qualities made asbestos a deadly and toxic material for anyone who came into contact with it.

Rail workers often carried asbestos dust particles 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 attorneys can cause cancer as well as other health issues. Thankfully, railroad workers are able to seek compensation from their employers 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 an individual defendant as in a criminal case.

The FELA is a federal law that was enacted in the year 1908 to safeguard railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it protects employees who are injured at work due to the negligence of their employers. It also permits railroad workers to file claims if they suffer from certain diseases like mesothelioma.

A number of railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies that have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies as well as producers of asbestos-containing items such as locomotive parts or boilers.

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related victims can make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources to pay medical expenses, lost income and other expenses.

It is essential to choose a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a laborer who often brought asbestos dust to his home on his clothes and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able speed up the case and the family was awarded a substantial mesothelioma settlement.

It is important to be aware of the time limit and your rights to an agreement when you are dealing with an FELA claim. The railroads who defend themselves often attempt to cut the amount they pay to a victim, by claiming they are unable to prove that the illness was caused directly due to their exposure to the work environment. It is crucial to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have suffered from asbestos lawsuit exposure for years. Although cars have now surpassed trains for the majority of passengers, the rail network remains a vital part of freight transportation. Asbestos was used in the railroad industry for decades to insulate engine parts pipes and other components of automobiles.

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

While railroad companies knew of asbestos' dangers by 1935, they continued to use asbestos lawyer on their trains through the 1980s and the 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 often are required to file FELA claims against the manufacturers of asbestos-containing equipment on which they worked. The manufacturers could be held accountable for failing to warn consumers about 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 the BNSF railroad employee who died from mesothelioma. The company owned the plant that made brakes where the deceased's uncle was employed. The family alleges the deceased's Uncle often brought his asbestos-covered work clothes at home, and his children would beat him when he was wearing these clothes. This negligence led to mesothelioma which killed the family member.

When asbestos attorney-related diseases like mesothelioma is diagnosed, workers lose the time they would have had to enjoy retirement and their final chapters in life. These cases bring to justice businesses that blatantly ignored the safety and health of railroad workers to increase their profits.

Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Since a clearly-defined injury has to be proved to be able to bring an FELA case, many railroad workers who have never been diagnosed with an asbestos-related disease may not be able to file an claim. This is a clear infringement to the tort law principle that pays the victims of others' actions.

State Law Claims

While federal law provides the foundation for many asbestos lawsuits, certain railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can handle claims under different statutes and laws to ensure injured workers receive the compensation they deserve.

Asbestos was used in various railway components like locomotive engines, brakes and steam boilers. Many of these components required cutting or machining which created asbestos dust that could be breathed in by workers. This asbestos dust can also be ingested, causing lung issues like mesothelioma.

If railroad workers contract mesothelioma, or other asbestos-related diseases, they can bring a state-law suit against their employers and manufacturers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly move cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welding worker for PATCO Railroad. She sued the companies that made the asbestos-containing equipment she worked on. Her family was not able to win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that manufactured the asbestos-containing equipment that she worked on filed an application for summary judgment and argued that her state law claim was not valid because it did not allege that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they are entitled to. His extensive background in FELA cases which include asbestos exposure, has allowed him to achieve millions of dollars in settlements and verdicts for his clients. He is dedicated to helping injured railroad workers and their families recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railways. Unfortunately, it also proved to be extremely dangerous for the railway workers who were exposed to the poisonous substance. The material is durable and can be able to withstand extreme heat, however these properties make it dangerous for the people who work with them.

Due to the toxins found in asbestos, it could take years for the symptoms such as mesothelioma or lung cancer to show up. These conditions can be extremely expensive for the families of victims who require medical treatment and have to endure physical pain and emotional suffering. Asbestos-related ailments can be paid through a variety of sources.

The most popular method for injured railroad workers to get financial compensation is through the filing of a lawsuit by a mesothelioma lawyer firm. These claims can be brought in federal court or state courts close to the railroad's company. An injury victim must prove that the negligence of their employer caused their injury, and they are owed financial compensation.

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

This is a civil lawsuit where the victim has to prove that their employer's negligence caused their mesothelioma or any other injuries. However the recent case that was that was brought before 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 worker filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based on FELA which goes over state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured talk with an attorney about their particular circumstances so they can ensure that their legal rights are secured.