Railroad Asbestos Claims
Railroad workers frequently used or worked around asbestos-containing materials because it was a robust and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for anyone who came into contact with it.
Most often, railway workers would take asbestos dust that is deadly with them on their clothes and in their hair. This could put their families in danger.
Federal Employers Liability Act
Railroad workers are frequently exposed to asbestos. Asbestos is a hazard that can cause many health problems such as cancer. Fortunately, railroad employees can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, except that it is filed against an employer, not a defendant as in the case of a criminal.
The FELA is a federal law that was enacted in the year 1908 to protect railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers workers who are injured at work due to their employer's negligence. Additionally, railroad employees are able to file claims against certain illnesses such as mesothelioma.
Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers can sue these companies as well as producers of asbestos-containing items like locomotive parts or boilers.
In addition to the federal law, some states have their own worker's compensation programs. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from a variety of sources to pay for medical expenses, lost wages and other expenses.
When submitting an FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining maximum compensation for your injuries. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. He was a laborer who often brought home asbestos dust on his clothing and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able expedite the case and his family received a significant mesothelioma compensation.
It is essential to understand the statute of limitations and your rights to a settlement when dealing with an FELA claim. The railroads who defend themselves often try to reduce the amount they pay to a victim, claiming they cannot prove the illness was caused directly by their exposure on the job. 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 asbestos-related illnesses for a long time. Rail is still an integral part of freight transportation even though cars are the most preferred mode of travel for passengers. Asbestos has been used in the railroad industry for many years to protect engine parts, pipes and automobile components.
In many instances, railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing and repair. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the harmful mineral as well.
Railroad companies were aware of asbestos's dangers in 1935, yet they continued to use the material in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers have developed life-threatening diseases as a result of their exposure to asbestos, a dangerous mineral.
asbestos attorney victims often file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. They can be held accountable for their failure to warn about the dangers of their products as well as for producing asbestos-containing products that were found to be harmful.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake plant in which the nephew who died worked. The family alleges that the deceased's uncle regularly brought work clothes to his home, and if they were wearing these clothes, his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. This negligence 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 had to enjoy retirement and their final years. These cases hold companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad employees in order to maximize their profits.
Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Since a demonstration of injury that is manifest is required to file an FELA claim, many healthy railroad workers who don't develop an asbestos-related disease might not be able to bring a claim. This is clearly in violation of the underlying principle of tort law: to compensate people who suffer as a result of other' actions.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can deal with claims under various statutes and laws to ensure injured workers get the compensation they deserve.
Asbestos was utilized in various railway components including locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which produced airborne asbestos lawyer dust that could be inhaled by workers. The asbestos dust can be inhaled and cause lung issues such as mesothelioma.
When railroad workers suffer from mesothelioma or other asbestos-related illnesses and diseases, they could have state-law claims against their employers and the producers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also give priority to cases that are filed by living mesothelioma patients.
Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products that she worked on. However, her family was unable to prevail since the Supreme Court ruled that her state-law claim was preempted by FELA.
The company that produced asbestos-containing products for which she worked filed a motion for a summary judgment. They claimed that her state law claim was invalid because it did not state the manufacturer knew of the dangers associated with using asbestos in its products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families get the compensation they deserve. His vast experience in FELA cases - including those involving asbestos attorneys - has allowed him to obtain millions of dollars for his clients through verdicts and settlements. He is committed to helping railroad workers and their families recover damages from those who are responsible for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively utilized in the design and construction of railroads. It also posed a threat to railroad workers who were exposed to the toxic substance. The material is strong and is able to 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 decades for symptoms like mesothelioma and lung cancer to show up. These diseases can be extremely expensive for the victims and their families, as they require medical care and must deal with their physical and emotional pain. Asbestos-related ailments can be paid by a variety sources.
A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can be awarded financial compensation. These claims can be filed in federal court or state courts where railroad companies are located. An injured victim must be able to demonstrate that the negligence of their employer caused their injury and they are entitled to financial compensation.
As opposed to other workplace injuries, railroad workers do not have access to the traditional workers compensation system in a majority of states. Railroad workers are able to sue their employers under FELA protections.
This is a civil action where the victim must prove that the negligence of their employer caused their mesothelioma, or another injury. However the recent case that was that was brought before the Supreme Court highlights a roadblock for railroad workers who attempt to claim their employers are responsible for exposing them to asbestos.
In this case the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward because the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their specific situation with an experienced lawyer to better ensure that their legal rights are protected.