Railroad Asbestos Claims
Railroad workers often utilized or worked with asbestos-containing products due to its durable and heat-resistant material. The same characteristics also made asbestos poisonous and deadly for those who came into contact with it.
Rail workers often carried asbestos dust particles home on their clothes or in their hair. This could also put their families in danger.
Federal Employers Liability Act (FELA)
Railroad workers are often exposed to asbestos. Asbestos is a hazard that can cause a variety of health problems including cancer. Fortunately railroad workers have the right 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 rather than the defendant in criminal cases.
The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA is different than the state's laws on worker's compensation, since it covers workers who suffer injuries on the job due to their employers negligence. It also allows railroad workers to file claims when they develop certain illnesses such as mesothelioma.
Over the years, many railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar and local state and municipal railroads. Railroad employees are able to sue these companies under FELA as well as producers of asbestos-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 permits families to seek compensation from a variety of sources to pay medical bills, lost wages, and other expenses.
If you are filing an FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can help you obtain maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a worker who brought asbestos dust home on his clothing and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case, and the family received a substantial mesothelioma settlement.
Understanding the statute of limitations and your rights in a settlement are crucial when dealing with an FELA case. The railroads that are defending themselves frequently try to cut down on the amount they pay to the victim, claiming they cannot prove the illness was directly caused due to their exposure at work. It is important to seek the legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered the effects of asbestos exposure for years. While cars are now surpassing trains for the majority of passengers, the rail network remains an essential element of freight transportation. Asbestos was used throughout the railroad industry to shield pipelines, engines and car parts.
Rail workers are often exposed to asbestos through their work with equipment that they repair and service. Workers also brought asbestos dust home on their clothes, which exposed their children and spouses to the toxic 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 1990s and into the 1980s. Unfortunately, a large number of workers have now developed life-threatening diseases as a result of their exposure to asbestos, a dangerous mineral.
Asbestos victims often file FELA claims with the makers of asbestos-containing equipment for which they worked. These manufacturers may be held responsible for failing to warn of the dangers associated with their products, or for manufacturing asbestos-containing material 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 manufacturing plant in which the deceased's uncle was employed. The family claims that the deceased's uncle often brought work clothes home, and when he wore these clothes, his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. 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 enjoyed retirement and the final years. These cases are a way to hold companies accountable for having flagrantly neglected the safety and health requirements of dedicated railroad employees in order to maximize their profits.
Asbestos suits against railroads resulted in compensations for families of injured workers. However, since a proof of a manifest injury is required to file an FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to make such a claim. This is a clear violation to the tort law principle that compensates those who suffer as a result of others' actions.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state laws may provide additional protections. Asbestos lawyers can deal with claims under a range of different statutes and laws to help injured workers and their families receive the amount of compensation they are entitled to.
Asbestos was used extensively in railway components, such as steam boilers, locomotive engines and brakes. Asbestos dust was created through cutting and machining of these components, which workers could breathe in. The asbestos dust can be ingested and cause lung problems like mesothelioma.
If railroad workers suffer from mesothelioma, or other asbestos-related illnesses, they can make a claim under the state law against their employers and manufacturers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and speedily move cases filed by living plaintiffs.
Sandra Brust, from New Jersey, developed mesothelioma while working as a welder for PATCO Railroad. Wilmington asbestos lawyers filed a lawsuit against the companies that manufactured asbestos-containing products she worked on. The family was not able to prevail since 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 argued that her state law claim was not valid because it did not state the manufacturer knew of the risks associated with asbestos being used in its products. The Supreme Court dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families get the compensation they deserve. His vast experience in FELA cases, including those involving 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 recover damages from those who are responsible for their illnesses, injuries, and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was extensively utilized in the design and construction of railways. It also posed a threat to many railway workers exposed to the toxic substance. The material is tough and can be able to withstand extreme heat, however these properties make it dangerous for the people 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 diseases can be extremely expensive for the victims and their families since they require medical care and have to deal with their physical and emotional suffering. Fortunately, asbestos-related diseases are eligible for compensation through various sources.
A mesothelioma lawyer is the most popular method by which railroad workers injured can be awarded financial compensation. These lawsuits can be filed in federal courts or state courts in which a railroad company is located. A victim of injury must be able to demonstrate that the negligence of their employer led to their injury and they are entitled to financial compensation.
Railroad workers are not covered under the standard workers compensation system in a lot of states. These workers can sue their employers for compensation under FELA protections.
This is a civil lawsuit where the injured person must prove that their employer's negligence caused their mesothelioma or any other injuries. However the recent case that was filed before the Supreme Court highlights a roadblock that railroad workers face when they attempt to claim their employers are responsible for the exposure they have to asbestos.
In this case, the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from progressing because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their specific circumstances with an experienced attorney so that they can better ensure that their legal rights are protected.