Railroad Asbestos Claims

Railroad workers frequently used or worked around asbestos-containing materials because it was a durable and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for anyone who came into contact with it.

In many cases, rail workers would carry deadly asbestos dust fibers home with them on their clothing and in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, except that it is filed against an employer, not 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 from state's worker's compensation laws, as it covers employees who are injured on the job due to the negligence of their employers. It also allows railroad employees to file claims for certain diseases like mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as local state and municipal railroads. Railroad workers can sue these companies under FELA as well as producers of asbestos lawyers-containing products such as boilers, locomotive parts, and railcar siding.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from multiple sources to pay for medical bills, lost wages, and other expenses.

When filing an FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining the maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a laborer who regularly brought home asbestos lawyer dust on his clothing and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able speed up the case and the family was awarded a substantial mesothelioma settlement.

It is essential to understand the time limit and your rights to an agreement when you are dealing with the FELA claim. The railroads that are defending themselves often attempt to cut the amount they pay to the victim, claiming that they can't prove that the illness was caused directly due to their exposure to the work environment. It is crucial to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for decades. Although cars now outnumber trains for the majority of passengers however, the rail system remains a vital part of freight transportation. Asbestos was used throughout the railroad industry to protect train engines, pipes and car parts.

Rail workers are often exposed to asbestos through their work with equipment that they service and repair. Workers wore asbestos dust on their clothes, exposing their families to the toxic mineral.

While railroad companies knew of asbestos' dangers as of 1935, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, a large number of workers have now developed life-threatening illnesses as a consequence of their exposure to the hazardous mineral.

Asbestos victims frequently file FELA claims against manufacturers of the asbestos-containing equipment they worked on. These manufacturers may be held responsible for failing to warn of the risks associated with their products, as well as for manufacturing asbestos-containing material that was recognized as harmful.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the uncle of the deceased worked. The family claims that the deceased's Uncle often brought his asbestos attorneys-covered work clothes to his home and that his children would beat him when they saw him in these clothes. This lapse of care led to the mesothelioma that caused the death of the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers are deprived of the time they enjoyed retirement and their final chapters in life. These cases are a way to hold companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad workers in order to maximize profits.

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

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, a few railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers can handle claims under a variety of different statutes and laws to ensure injured workers and their families get the justice they deserve.

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

If railroad workers develop mesothelioma, or any other asbestos-related diseases, they may bring a state-law suit 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 compensation for mesothelioma sufferers. State courts also have priority and advance cases filed by living mesothelioma patients.

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

The company that produced the asbestos-containing equipment that she worked on filed a motion for summary judgement in support of her state-law claim was unconvincing because it did not claim 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 individuals and the loved ones of those individuals get the compensation they are entitled to. His extensive experience in FELA cases which include asbestos - has allowed him to obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the design and construction of railroads. It was also deadly for many railway workers exposed to the toxic substance. The material is durable and can endure extreme heat, but these properties make it dangerous for the people who work with them.

Because of the toxins in asbestos, it can take years for the symptoms such as mesothelioma or cancer to manifest. These conditions can be very expensive for the victims and their families as they require medical treatment and are faced with physical and emotional suffering. Fortunately, asbestos-related illnesses are eligible for compensation from a variety of sources.

A mesothelioma lawyer is the most commonly used method by which railroad workers injured can receive financial compensation. These lawsuits can be filed in federal court or state courts in which the railroad company is. Injured victims must prove their employer was negligent and they have the right 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 claim where the injured person must demonstrate that the negligence of their employer caused their mesothelioma, or any other injury. However the recent case that was brought to the Supreme Court highlights a roadblock facing some railroad workers who attempt to hold their employers accountable for exposing them to asbestos.

In this particular instance, an individual from the family of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. 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 is a federal law that overrules state laws regarding asbestos claims. However, it is crucial for railroad workers injured to discuss their specific situation with an experienced lawyer to better ensure that all legal rights are secured.