Why Railroad Asbestos Claims Still Matters In 2023

Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot because it was a durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly to anyone who came into contact with it.

Rail workers frequently carried asbestos dust particles to their homes on their clothes or in their hair. This could expose their families to danger 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 is similar to an injury lawsuit, but it is filed against the employer instead of a defendant like a criminal case.

The FELA is a federal law enacted in the year 1908 to safeguard railroad workers injured on the job. FELA is different than the state's worker's compensation laws as it covers employees who are injured at work due to their employers negligence. Additionally, railroad employees are able to file claims for certain illnesses, such as mesothelioma.

Several 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 over the years. Railroad employees are able to sue these companies under FELA and also manufacturers of asbestos-containing products, such as boilers, locomotive parts and railcar siding.

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

When filing an FELA claim, it is important to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can help you obtain maximum compensation for your injuries. 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 laborer who frequently brought home asbestos dust on his clothing and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able to speed up the case, and the family received an extensive mesothelioma settlement.

It is important to be aware of the statute of limitations and your rights to settlement when settling the FELA claim. Railroads that are defending themselves often attempt to reduce the amount they pay to the victim by arguing that they cannot prove that their illness is directly linked to their exposure at work. It is important to seek the legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have suffered from asbestos exposure for years. Although cars now outnumber trains for most passengers but the rail network is an essential element of freight transportation. Asbestos has been used in the railroad industry for a long time to protect engine parts, pipes and automobile components.

Rail workers are often exposed to asbestos because of their work with the equipment they maintain and repair. Workers also brought home asbestos dust on their clothes, exposing their children and spouses to the toxic mineral as well.

Railroad companies were aware of asbestos' dangers in 1935, but they continued to use the material in their trains throughout the 1980s and 90s. Unfortunately, many of these workers are now suffering from life-threatening diseases because of years of exposure to asbestos in the workplace.

Asbestos victims frequently have to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held accountable for failing to warn of the dangers of their products, and for producing asbestos attorneys-containing products that were found to be harmful.

For example the family of a BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant at which the nephew of the deceased worked. The family claims that the deceased's uncle often brought his work clothing home, and when the clothes were on his children would play with him and roughhouse him when he was wearing asbestos lawyers-covered work clothes. This negligence caused the mesothelioma cancer that caused the death of the family member.

When asbestos-related illnesses like mesothelioma is diagnosed workers lose the time they enjoyed retirement and the final chapters in life. These cases are a way to hold companies accountable for having flagrantly ignored the health and safety requirements of dedicated railroad workers in order to maximize their profits.

Asbestos suits against railroad companies led to compensations for families of injured workers. However, since a proof of manifest injury is required to bring an FELA claim, many healthy railroad workers who do not get sick due to asbestos may not be able to bring a claim. This is clearly in violation of the basic principle of tort law, which is to compensate those who suffer due to the actions of others' actions.

State Law Claims

While federal law is the foundation for most asbestos lawsuits, some railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers can deal with claims under different statutes and laws in order to help injured workers get the compensation they deserve.

Asbestos was extensively used in railway components like steam boilers, locomotive engines and brakes. Asbestos dust was created by machining and cutting many of these components, which workers could breathe in. The asbestos dust may also be inhaled, which can cause lung problems such as mesothelioma.

When railroad workers suffer from mesothelioma, or other asbestos-related diseases, they may have state-law claims against their employers as well as the manufacturers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. Additionally, state courts often give priority to and speedily forward cases filed by living plaintiffs.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who made asbestos-containing products that she worked on. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing products on which she worked, filed a motion for a summary judgment. They claimed that her state law claim was not valid because it did not state that the manufacturer 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 extensive experience in FELA cases which include asbestos exposure, has allowed him to obtain millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families obtain damages from those who are responsible for their injuries, illnesses, and mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively utilized in the construction and design of railways. Unfortunately, it also proved to be extremely dangerous for the railway workers who were exposed to the toxic substance. The material is durable and can withstand extreme heat, but these characteristics make it dangerous for those who work with them.

Due to the toxins present in asbestos, it can take years for the symptoms like mesothelioma and lung cancer to develop. These conditions can be extremely expensive for the families of victims who require medical treatment and to endure physical pain and emotional trauma. Asbestos-related ailments can be paid by a variety sources.

The most common way for injured railroad workers to get financial compensation is through a lawsuit filed with a mesothelioma law firm. These claims can be brought in federal court, or state courts located close to the railroad's company. Injured victims must prove 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. Railroad workers are able to sue their employers under FELA protections.

This kind of claim is a civil lawsuit where the injured person must show that negligence by their employer caused their mesothelioma, or other ailment. However the recent case that was brought to the Supreme Court highlights a roadblock for railroad workers who try to hold their employers accountable for exposing them to asbestos.

In this particular case a family member of a deceased railway worker filed an asbestos lawyers lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured talk to an attorney about their particular circumstances so they can ensure all of their legal rights are protected.