Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. However, the same characteristics made asbestos a deadly and toxic material for those who came into contact with it.

In many cases, rail workers would carry asbestos dust that is deadly with them on their clothing and in their hair. This could also put their families at risk.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is a hazard that can cause many illnesses including cancer. Fortunately, railroad workers are eligible for 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, not a defendant like a criminal case.

The FELA is a federal law passed in 1908 to safeguard railroad workers who were injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job due to the negligence of their employers. Additionally, railroad employees are able to file claims against certain illnesses such as mesothelioma.

Over the years, many railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation over the years. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing goods like locomotive parts or boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos victims are eligible to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from a variety of sources in order to help pay for medical expenses, lost income and other expenses.

When filing the FELA claim, it is important to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was an employee who brought asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able expedite the case and his family was awarded a significant mesothelioma compensation.

It is essential to understand the time limit and your rights to a settlement when dealing with the FELA claim. Railroads that are defending themselves often attempt to limit the amount paid out to a victim by claiming that they can't prove that the illness is directly connected to their exposure at work. This is why it is important to seek legal advice from a seasoned railroad attorney.

Asbestos Manufacturers

For many years, railroad workers have been suffering from the effects of asbestos exposure. Rail remains an important part of freight transport even though automobiles are now the most popular mode of travel for passengers. Asbestos was employed throughout the railroad industry to shield trains, pipes and car components.

Rail workers are often exposed to asbestos through their working with equipment they maintain and repair. Workers wore asbestos dust on their clothing, exposing their families to the toxic mineral.

Railroad companies were aware of asbestos's dangers in 1935, yet they continued to employ the material in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers have now developed life-threatening diseases as a result of their exposure to the dangerous mineral.

Asbestos victims typically have to file FELA claims with the makers of asbestos-containing equipment on which they worked. These manufacturers may be held liable for not warning of the dangers associated with their products, or for producing asbestos-containing materials that was recognized as harmful.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant in which the deceased's nephew worked. The family alleges that the deceased's uncle frequently brought work clothes home, and when the clothes were on 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 that killed the family member.

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

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clearly-defined injury must be proven to bring an FELA case, many railroad workers who never suffered from an asbestos-related illness might not be able make an claim. This is a clear breach to the tort law principle that pays those who suffer as a result of others' actions.

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, some railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers are able to handle claims under various statutes and laws to help injured workers receive 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 parts, which workers could breathe in. The asbestos dust could be ingested and cause lung issues such as mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos attorneys-related diseases in their lifetime, they may be able to file state-law claims against their employers and the companies that made the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly advance cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma after working as a welder at PATCO Railroad. She sued the companies who made asbestos-containing products that she worked with. Her family was not able to win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing products for which she worked filed a motion for a summary judgment. They claimed that her state law claim was not valid because it did not allege that the company was aware of the risks associated with the use of asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those individuals obtain the compensation that they are entitled to. His extensive experience in FELA cases which include asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families collect damages from those accountable for their injuries, illnesses and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction and design of railroads. However, it proved to be very deadly 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 qualities are what make it hazardous for workers who work with it.

Because of the toxins in asbestos, it can take decades for symptoms like mesothelioma and lung cancer to show up. These illnesses can be extremely costly for victims and their families as they require medical care and are faced with physical and emotional pain. Fortunately, those suffering from asbestos-related diseases are eligible for compensation through various sources.

The most common way for railroad workers injured to receive financial compensation is through a lawsuit filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal court, or state courts located close to the railroad's company. The injured party must prove that their employer was negligent and they have the right to financial compensation.

As opposed to other workplace injuries railroad workers do not have access to the traditional workers compensation system in the majority of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This is a civil action where the injured person has to prove that the negligence of their employer caused mesothelioma or any other injuries. A recent case that was heard by the Supreme Court highlights an obstacle for 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 Lawsuit [Chessdatabase.Science] against PATCO in New Jersey. 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 have been injured speak with an attorney about their specific circumstances so that they can ensure that their legal rights are protected.