Learn About Railroad Asbestos Claims While Working From Your Home

Railroad Asbestos Claims

Rail workers had to work with asbestos attorney-containing materials a lot because it was a tough and heat-resistant material. These same qualities also made asbestos poisonous and deadly to anyone who came in contact with it.

In many cases, rail workers would carry deadly asbestos dust fibers home with them on their clothes and in their hair. This could put their families in danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, except that it is filed against an employer, not a defendant as in criminal cases.

The FELA is a federal law that was enacted in the year 1908 to protect railroad workers who were injured on the job. FELA differs from state workers' compensation laws in that it covers employees who are injured on the job because of their employer's negligence. It also permits railroad workers to file claims if they suffer from certain ailments, such as mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and local railroads as well as state railroads. Railroad workers could sue these companies as well as producers of asbestos-containing items such as locomotive parts or boilers.

In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers are able to file state law claims as well as FELA claims. This permits families to seek compensation from multiple sources to help pay medical bills, lost wages and other expenses.

It is important to hire an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma knowledge that can assist you in obtaining most compensation for your injury. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a laborer who regularly brought asbestos dust home on his clothes and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able expedite the case and his family was awarded a significant mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement are crucial when dealing with an FELA case. The railroads who defend themselves often try to reduce the money that is paid to the victim, claiming they cannot prove the illness was caused directly by their exposure to the work environment. This is why it is important to seek legal assistance from an experienced railroad attorney.

asbestos lawsuit Manufacturers

For many years railroad workers have suffered from the effects of asbestos exposure. Rail is still an integral part of freight transportation despite the fact that cars are now the most preferred mode of transport for passengers. Asbestos was employed throughout the railroad industry to shield trains, pipes and car components.

In many cases, railroad workers were exposed to asbestos through working contact with the equipment they were servicing or repair. Workers brought asbestos dust home on their clothing, exposing their families to the poisonous mineral.

Railroad companies were aware of asbestos' dangers in 1935, but continued to use the material on their trains into the 1980s and 90s. Unfortunately, a lot of these workers are currently suffering from serious illnesses as a result years of occupational exposure.

Asbestos victims often are required to file FELA claims against the manufacturers of the asbestos-containing equipment they used. They could be held accountable for not advising about the dangers that could be posed by their products, or for producing asbestos-containing material that was known to be harmful.

For instance the family of an BNSF railroad worker who died of mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant where the uncle who died was employed. The family alleges that the deceased's uncle often brought his work clothes 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 lapse of care led to the mesothelioma which caused the death of the family member.

When asbestos-related illnesses like mesothelioma is diagnosed workers lose the time they would have been able to enjoy retirement and the final years of life. These cases hold companies accountable for having flagrantly ignored the health and safety requirements of dedicated railroad employees in order to maximize their profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Since a demonstration of a manifest injury is required to bring a FELA claim, many healthy railroad workers who never develop an asbestos-related disease might be unable to file a claim. This is a clear violation of the fundamental principle of tort law: to compensate those who suffer because of others' actions.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits, some railroad workers are covered by state law that may provide additional legal protections. asbestos lawyer lawyers can handle claims under a variety of laws and statutes to ensure that injured workers and their families receive the amount of compensation they are entitled to.

Asbestos was widely used in railway components such as locomotive engines, steam boilers and brakes. Asbestos dust was produced through cutting and machining of these components, and workers could inhale. The asbestos dust can be ingested and cause lung issues such as mesothelioma.

When railroad workers suffer from mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file 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 where judges and juries have vast experience in determining appropriate compensation for mesothelioma sufferers. State courts also give priority to cases and advance filing by living mesothelioma patients.

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

The company that made the asbestos-containing equipment that she worked on filed an application for summary judgment in support of her state-law claim was not viable since it did not state that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the family members of those who suffer from the same 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 loved ones recover damages from those 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 extensively used in the construction of railroads, particularly in steam- and diesel-powered trains. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat; however these properties are the reason it is dangerous to workers who work with it.

It could take a long time for symptoms like mesothelioma and lung cancer to appear due to the toxins that are found in asbestos. These illnesses can be extremely costly for victims and their families, as they need medical treatment and are faced with physical and emotional pain. Fortunately, asbestos-related diseases can receive compensation from various sources.

The most common way for railroad workers injured in an accident to receive financial compensation is through an action filed with a mesothelioma law firm. The claims can be filed in federal courts, or state courts located close to the railroad's company. An injury victim must demonstrate that the negligence of their employer caused their injury and they are entitled to financial compensation.

In contrast to other types of workplace injuries, railroad workers do not have access to the standard workers' compensation system in most states. Rather, these workers are eligible to file an action against their employers under the protections of FELA.

This is a civil action in which the person who is injured has to demonstrate that the negligence of their employer caused mesothelioma or other injuries. However an upcoming case brought to the Supreme Court highlights a roadblock that railroad workers face when they try to hold their employers accountable for exposing them 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. may prevent the lawsuit from proceeding since the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who are injured speak to an attorney regarding their particular situation so they can ensure that their legal rights are protected.