Railroad Asbestos Claims
Railroad workers frequently used or worked with asbestos-containing products because it was a durable and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for those who came in contact with it.
Rail employees often carried asbestos dust particles home on their clothes or in their hair. This could put their families in danger.
Federal Employers Liability Act
Asbestos is a dangerous material that railroad workers are exposed. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are entitled to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but it is filed against the employer instead of a defendant like a criminal case.
The FELA was enacted in 1908 and is the federal law that protects 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 their employer's negligence. It also allows railroad employees to file claims if they develop certain illnesses such as mesothelioma.
A number of railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies which have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing items like locomotive parts, boilers and railcar siding.
In addition to the federal law, some states have their own worker's compensation programs. Asbestos victims are eligible to claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from a variety of sources to pay for medical expenses, lost income and other expenses.
It is crucial to find an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can assist you in obtaining maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented the family member who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. Charleston asbestos attorney was a laborer who often brought home asbestos dust on his clothing and in his hair. Eventually, the cancer was diagnosed in 2012. Ken was able to speed up the case, and the family received a substantial mesothelioma settlement.
It is essential to understand the time limit and your rights to settlement when settling an FELA claim. The railroads that are defending themselves often attempt to cut the amount they pay to a victim, claiming that they can't prove that the illness was caused directly by their negligence to the work environment. It is important to seek the legal advice of a knowledgeable railroad lawyer.
Asbestos Manufacturers
Many railroad workers have been suffering the effects of asbestos exposure for decades. Rail is still a vital component of freight transportation even though cars are now the most popular mode of travel for passengers. Asbestos was employed throughout the railroad industry to insulate train engines, pipes and car components.
In many instances, railroad workers were exposed to asbestos from on-the-job contact with the equipment they were servicing or fixing. Workers also brought asbestos dust home on their clothing, exposing their spouses and children to the harmful mineral too.
Railroad companies were aware of the dangers associated with asbestos in 1935, but continued to use the substance on their trains into the 1980s and 90s. Unfortunately, many of these workers are currently suffering from serious illnesses as a result years of exposure to asbestos.
Asbestos victims frequently file FELA claims with the makers of asbestos-containing equipment for which they worked. These manufacturers can be held accountable for their failure to warn about the dangers of their products and for manufacturing asbestos-containing materials that were found to be dangerous.
For instance, the family of an BNSF railroad worker who passed away from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant where the uncle of the deceased worked. The family claims that the deceased's uncle regularly brought work clothes at home, and that when the clothes were on his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This lapse of judgment led to mesothelioma that caused the death of the family member.
When workers are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the last chapters of their lives. These cases are a way to hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to maximize their own profits.
Asbestos lawsuits against railroad companies have resulted in compensation for injured workers and their families. Since a clearly-defined injury must be proven in order to establish the possibility of a FELA case, many railroad workers who have not suffered from an asbestos-related illness might not be able to make a claim. This is a clear infringement of the tort law principle of compensation for the victims of others' actions.
State Law Claims
While federal law is the legal basis for most asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to deal with claims under a range of different statutes and laws to ensure injured workers and their families receive the compensation they deserve.
Asbestos was employed in various railway components, including locomotive engines, brakes and steam boilers. Many of these components required cutting or machining which produced airborne asbestos dust that could be breathed in by workers. The asbestos dust can be ingested, causing lung problems such as mesothelioma.
If railroad workers suffer from 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 manufacturers of the products that exposed them asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. State courts also offer priority to cases that are filed by living mesothelioma patients.
This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products that she worked with. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.
The company that made the asbestos-containing equipment she worked on filed a motion for summary judgement in support of her state-law claim was unconvincing because it did not allege that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their family members of those who suffer from the same receive the compensation they are entitled to. His vast experience in FELA cases - including those involving asbestos has helped him obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping injured railroad workers and their loved ones recover damages from the parties responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was used extensively in the construction of railroads, specifically in diesel- and steam-powered trains. Unfortunately, it also proved to be extremely dangerous for many railway workers who were exposed to the toxic material. The material is very durable and is able to withstand massive quantities of heat. However these properties are what make it dangerous to those who work with it.
Due to the toxins present in asbestos, it may take decades for symptoms such as mesothelioma or cancer to manifest. These diseases can be extremely expensive for patients and their families since they need medical treatment and must deal with their physical and emotional suffering. Fortunately, those suffering from asbestos-related diseases can receive compensation through various sources.
A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can receive financial compensation. The claims can be filed in federal courts, or state courts located close to the railroad's company. An injured victim must prove that their employer's negligence caused their injury and they are entitled to financial compensation.
As opposed to other types of workplace injuries railroad workers don't have access to the standard workers compensation system in the majority of states. Rather, these workers are legally able to bring a lawsuit against their employers under the protections of FELA.
This is a civil claim where the injured person must prove that their employer's negligence caused their mesothelioma, or another injury. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them asbestos.
In this case, the family of a deceased railway worker filed an asbestos lawsuit 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 still important that railroad workers who have been injured talk with an attorney about their particular situation so they can ensure that their legal rights are secured.