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Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot because it was a tough and heat-resistant material. The same properties also made asbestos toxic and deadly to those who came in contact with it.

Rail workers frequently carried asbestos dust particles home on their clothing or in their hair. This could put their families in danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health problems. Fortunately, railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, with the exception that it is filed against an employer, not the defendant in the case of a criminal.

The FELA is an act of the federal government that was passed in 1908 to protect railroad workers injured on the job. FELA differs from state worker's compensation laws in that it protects employees injured on the job because of their employer's negligence. It also permits railroad workers to file claims when they suffer from certain diseases like mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos lawyers-containing items like boilers, locomotive parts, and railcar siding.

In addition to the federal law, certain 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 allows families to seek compensation from multiple sources to help pay medical expenses, lost wages and other expenses.

It is important to hire an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can help you get the most compensation for your injury. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was an employee who brought asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able speed up the case, and the family received an extensive mesothelioma settlement.

It is important to be aware of the time limit and your rights to a settlement when dealing with the FELA claim. Railroads that are defending themselves often attempt to reduce the amount of money paid to the victim by claiming that they can't prove that the illness is directly connected to their work-related exposure. It is crucial to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have been suffering from asbestos exposure for years. Rail is still an integral part of freight transportation, even though cars are now the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to shield train engines, pipes and car components.

In many instances railroad workers were exposed to asbestos from working contact with the equipment they were servicing or repair. Workers also brought asbestos dust home on their clothing, exposing their spouses and children to the harmful mineral as well.

Railroad companies were aware of asbestos' dangers in 1935, but they continued to use the material on their trains through the 1980s and 90s. Unfortunately, a large number of workers have developed life-threatening illnesses as a consequence of their exposure to the dangerous mineral.

Asbestos victims often file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held liable for failing to warn consumers about the dangers of their products as well as for producing asbestos-containing products that were known to be dangerous.

For instance the family of a BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the plant that made brakes where the deceased's uncle worked. The family claims that the deceased's uncle frequently brought his work clothes home, and when they were wearing these clothes, his children would play with him and roughhouse him while he was wearing asbestos-covered work clothes. This lapse of care led to the mesothelioma which killed the family member.

When asbestos-related diseases like mesothelioma are diagnosed, workers lose the time they had to enjoy retirement and their final years of life. These cases bring to justice businesses that blatantly ignored the safety and health of dedicated railroad employees to maximize their own profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clear injury has to be proved to bring a FELA case, many railroad workers who have never developed an asbestos-related illness may not be able to file claims. This is a clear violation of the underlying principle of tort law: to provide compensation for 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 have state-law claims which may offer additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws in order to help injured workers receive the compensation they deserve.

Asbestos was widely used in railway components like steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which produced airborne asbestos dust that could be breathed in by workers. The asbestos dust could be inhaled and cause lung issues such as mesothelioma.

If railroad workers develop mesothelioma, or other asbestos attorney-related diseases, they can make a claim under the state law against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed in state courts where judges and juries have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also have priority and advance cases filed by living mesothelioma patients.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment that 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 made the asbestos-containing equipment she worked on filed a motion for summary judgement and argued that her state law claim was unconvincing since it did not state that the manufacturer knew 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 those who are affected and family members of those who suffer from the same get the compensation they are entitled to. His extensive background in FELA cases, including those involving asbestos exposure, has allowed him to achieve millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers injured and their families collect 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 extensively used in the design and construction of railways. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is durable and is able to be able to withstand extreme heat, however these characteristics make it dangerous for those who work with them.

Due to the toxins found in asbestos, it can take decades for symptoms such as mesothelioma or lung cancer to develop. These illnesses can be extremely expensive for the victims and their families as they require medical treatment and have to deal with their physical and emotional discomfort. Asbestos-related illnesses can be compensated by a variety of sources.

A mesothelioma lawyer is the most common method by which railroad workers injured are able to receive financial compensation. The claims can be filed in federal courts or state courts in which railroad companies are located. The injured party must prove that their employer was negligent and they have the right to financial compensation.

Unlike most other workplace injuries railroad workers don't have access to the standard workers' compensation system in most states. They can sue their employers under FELA protections.

This is a civil claim where the victim must prove that their employer's negligence caused their mesothelioma or any other injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them to asbestos.

In this particular case an individual from the family of a deceased railway worker filed an asbestos attorneys lawsuit against PATCO in New Jersey. 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 attorneys claims. Nevertheless, it is important for injured railroad workers to discuss their specific circumstances with an experienced attorney to better ensure all legal rights are protected.