Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials often because it was a durable and heat-resistant material. The same properties also made asbestos poisonous and deadly to those who came into contact with it.
Rail workers frequently carried asbestos dust particles home on their clothes or in their hair. This could put their families in danger as well.
Federal Employers Liability Act
Asbestos is a dangerous material that railroad workers are exposed. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but it is filed against the employer instead of an individual defendant as 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 differs from state workers' compensation laws in that it protects employees who are injured at work because of their employer's negligence. It also permits railroad workers to file claims when they suffer from certain diseases, such as mesothelioma.
Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad workers may sue these companies as well as manufacturers of asbestos-containing products such as locomotive parts or boilers.
In addition to the federal law, certain 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 various sources to pay for medical bills, lost income, and other expenses.
It is essential to choose a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining the maximum 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 to his home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to speed up the case, and the family received an enormous mesothelioma settlement.
It is important to be aware of the time limit and your rights to settlement when settling the FELA claim. Defendant railroads often try to reduce the amount they pay out to a victim by claiming that they cannot prove that the illness is directly connected to the exposure they endured at work. This is why it is important to seek legal advice from a seasoned railroad attorney.
Asbestos Manufacturers
Many railroad workers have suffered the ravages of asbestos exposure for decades. Rail remains an important part of freight transport, even though automobiles are now the most popular mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield train engines, pipes and car components.
Rail workers are frequently exposed to asbestos through their working with equipment they repair and service. Workers also brought home asbestos dust on their clothes, which exposed their children and spouses to the harmful mineral too.
Although railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ asbestos on their trains through the 1980s and the 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening illnesses as a result of exposure to the dangerous mineral.
Asbestos victims often are required to file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held responsible for failing to warn about the dangers that could be posed by their products, and for producing asbestos-containing materials that was recognized as harmful.
Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant in which the nephew of the deceased worked. The family alleges that the deceased's uncle regularly brought his work clothing home, and when the clothes were on his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothing. This lapse of care led to the mesothelioma which killed the family member.
When employees are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold the companies accountable for having blatantly ignored the health and safety requirements of dedicated railroad workers in order to maximize profits.
Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. However, since a proof of manifest injury is required to bring a FELA claim, countless seemingly healthy railroad workers who don't get sick due to asbestos may be unable to file claims. This is a clear breach of the tort law principle of compensation for the victims of the actions of others.
State Law Claims
While federal law provides the foundation for most asbestos lawsuits, some railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers can handle claims under different statutes and laws to ensure injured workers receive the compensation they deserve.
Asbestos was used extensively in railway components like steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which created asbestos dust that could be inhaled by workers. The asbestos dust can be inhaled and cause lung problems like mesothelioma.
When railroad workers suffer from mesothelioma or any other asbestos-related illness in their lifetime, they may be able to file state-law claims against their employers as well as 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 compensation for mesothelioma sufferers. Muncie asbestos lawyers offer priority to cases that are filed by living mesothelioma patients.
Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing equipment that she worked on. Her family was unable 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 asserted that her state law claim was invalid since it did not claim that the company was aware of the dangers that come with asbestos being used in its 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, including those involving asbestos exposure, has helped him achieve millions of dollars in settlements and verdicts for his clients. He is committed to helping injured railroad workers and their families recover damages from the parties responsible for their injuries and illnesses, such as 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 railways. However, it proved to be very deadly for many railway workers who were exposed to the toxic material. The material is extremely durable and is able to withstand massive amounts of heat. However these properties are what make it hazardous to workers who work with it.
Because of the toxins in asbestos, it could take decades for symptoms such as mesothelioma or lung cancer to manifest. These illnesses can be extremely costly for victims and their families, as they require medical treatment and must deal with their physical and emotional pain. Asbestos-related illnesses can be compensated through a variety of sources.
The most common way for railroad workers injured to receive financial compensation is through an action filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal courts or state courts in which railroad companies are located. Injured victims must prove their employer was negligent and that they have the right to financial compensation.
Railroad workers are not covered under the standard workers compensation system in a lot of states. Rather, these workers are eligible to file a lawsuit against their employers under the protections of FELA.
This is a civil claim where the victim must prove that their employer's negligence caused their mesothelioma, or any other injury. However an upcoming case brought to the Supreme Court highlights a roadblock facing some railroad workers who attempt to claim their employers are responsible for exposing them to asbestos.
In this particular case an individual from the family of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding because the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific situation with an experienced attorney to better ensure all legal rights are protected.