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Railroad Asbestos Claims

Railroad workers often utilized or worked around asbestos-containing materials because it was a durable and heat-resistant material. The same properties also made asbestos toxic and deadly to anyone who came into contact with it.

Rail employees often brought asbestos dust particles home on their clothing or in their hair. This could also put their families in danger.

Federal Employers Liability Act (FELA)

Asbestos is a hazardous material that railroad workers are exposed to. Asbestos is known to cause cancer and other health problems. Thankfully, railroad workers can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but it is filed against the employer rather than the defendant in a criminal case.

The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA is different from state's worker's compensation laws, since it covers workers who suffer injuries on the job due to their employers ' negligence. It also allows railroad employees to file claims when they suffer from certain ailments like mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers may sue these companies, as well as the producers of asbestos-containing items such as locomotive parts or boilers.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma victims are able to file state-law claims as well as FELA claims. This permits families to seek compensation from multiple sources to pay for medical bills, lost wages, and other expenses.

It is essential to choose an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can assist you in obtaining the maximum amount of compensation for your injuries. 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. He was a laborer who regularly brought asbestos dust home on his clothing and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to expedite the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is crucial when deciding on an FELA case. Railroads that are defending themselves often attempt to reduce the amount paid to victims by arguing that they cannot prove that their illness is directly related to the exposure they endured at work. This is why it is important to seek legal advice from an experienced railroad attorney.

Asbestos Manufacturers

For many years railroad workers have been suffering from the effects of asbestos exposure. Rail is still a vital component of freight transport, even though automobiles are now the most preferred mode of transport for passengers. Asbestos was used throughout the railroad industry to shield train engines, pipes and car components.

In many cases, railroad workers were exposed to asbestos from work-related contact with equipment they were servicing or repair. Workers also brought asbestos dust home on their clothes, which exposed their children and spouses to the harmful mineral too.

While railroad companies knew of asbestos lawsuit' dangers as of 1935, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, many of these workers are currently suffering from serious illnesses because of years of exposure to asbestos in the workplace.

Asbestos victims often have to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. These manufacturers can be held accountable for their failure to warn of the dangers of their products and for producing asbestos-containing products that were known to be harmful.

For example, the family of the BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake manufacturing plant where the uncle who died worked. The family claims that the deceased's uncle often brought his asbestos-covered work attire home and his children would roughhouse him when he was wearing these clothes. This lapse in judgment led to mesothelioma cancer that killed the family member.

When employees are diagnosed with asbestos-related diseases such as mesothelioma, they're stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad workers in order to maximize profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Since a clearly-defined injury must be proven in order to establish a FELA case, countless railroad workers who have never suffered from an asbestos-related illness might not be able make claims. This is a clear breach of the tort law principle of compensation for those who suffer due to other people's actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits (please click the next page), a few railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can handle claims under various statutes and laws in order to help injured workers receive the compensation they need.

Asbestos was utilized in various railway components including locomotive engines, brakes and steam boilers. asbestos lawsuit dust was created through cutting and machining of these components, and workers could breathe in. This asbestos dust can also be inhaled, causing lung issues like mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related illnesses, they can file a state-law claim against their employers as well as the makers of the products which 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. State courts also offer priority to cases and advance filing by living mesothelioma victims.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welder at PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment she worked on. Her family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that produced the asbestos-containing equipment that she worked on filed an application for summary judgment and argued that her state law claim was not viable since it did not state that the company knew about 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 loved ones of those individuals obtain the compensation that they are entitled to. His extensive experience in FELA cases which include asbestos lawyer - has allowed him to obtain millions of dollars for his clients through verdicts and settlements. He is committed to helping injured railroad workers and their loved ones recover damages from those who are responsible for their ailments and injuries, including mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the construction and design of railroads. It was also deadly for railroad workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive amounts of heat. However, these qualities are exactly the reason it is dangerous to workers who work with it.

Because of the toxins in asbestos, it can take decades for signs such as mesothelioma or cancer to show up. These illnesses can be extremely expensive for patients and their families as they require medical care and have to deal with their physical and emotional discomfort. Asbestos-related diseases can be compensated through a variety of sources.

A mesothelioma lawyer is the most commonly used way that injured railroad workers can receive financial compensation. These lawsuits can be filed in federal court, or state courts located near the railroad company. An injury victim must prove that their employer's negligence led to their injury and they are owed financial compensation.

Railroad workers are not covered by the standard worker compensation system in a lot of states. Rather, these workers are qualified to file a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the victim must prove that their employer's negligence led to their mesothelioma or other injury. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them to asbestos.

In this case, the family of a deceased railway employee filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based upon FELA which goes over state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their particular circumstances with an experienced attorney to better ensure that all legal rights are protected.