Railroad Asbestos Claims
Rail workers worked with asbestos-containing products a lot because it was a tough and heat-resistant material. These same qualities also made asbestos poisonous and deadly for those who came in contact with it.
Rail workers frequently brought asbestos dust particles home on their clothes or in their hair. This could put their families in danger as well.
Federal Employers Liability Act
Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad workers are able to claim 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 enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state workers' compensation laws in that it protects employees who are injured on the job due to their employer's negligence. Additionally, railroad employees are able to file claims for certain diseases like mesothelioma.
Numerous railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations such as Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing products, such as locomotive parts, boilers and railcar siding.
In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers can file state law claims as well as FELA claims. This permits families to seek compensation from a variety of sources to pay for medical expenses, lost income and other expenses.
It is important to hire a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can assist you in obtaining the most compensation for your injury. Ken Danzinger, shareholder at the firm, represented the family of a man 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 clothes and in his hair, and he developed mesothelioma in 2012. Ken was able speed up the case and the family was awarded a substantial mesothelioma settlement.
Understanding the statute of limitation and your rights in a settlement is essential when dealing with the FELA case. Railroads who are defendants frequently try to reduce the amount paid out to a victim by claiming that they cannot prove that the illness is directly connected to the exposure they endured at work. It is important to seek the legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
Many railroad workers have been suffering the ravages of asbestos exposure for a long time. Although cars now outnumber trains for the majority of passengers, the rail network remains an essential element of freight transportation. Asbestos was employed throughout the railroad industry to shield train engines, pipes and car parts.
In many instances, railroad workers were exposed to asbestos through work-related contact with equipment they were servicing or repairing. Workers also brought home asbestos dust on their clothing, exposing their spouses and children to the harmful mineral, too.
Railroad companies were aware of asbestos's dangers in 1935, but continued to use the material on their trains through the 1980s and 90s. Sadly, many of these workers have now developed life-threatening illnesses as a consequence of their exposure to the hazardous mineral.
Asbestos victims typically have to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. They could be held accountable for failing to warn of the dangers associated with their products, as well as for producing asbestos-containing materials that was found to be dangerous.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company was the owner of the brake manufacturing plant where the uncle who died worked. The family alleges that the deceased's uncle frequently brought his work clothes to his home, and if the clothes were on, his children would play with him and roughhouse him while he was wearing asbestos-covered work clothes. This lapse in judgment led to mesothelioma cancer that caused the death of the family member.
When workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold accountable businesses that blatantly ignored the safety and health of their employees in order to increase their profits.
Asbestos lawsuits against railroads led to compensations for injured workers and families. Unfortunately, because a showing of a manifest injury is required to bring a FELA claim, countless seemingly healthy railroad workers who never get sick due to asbestos may be unable to make such claims. This is a clear breach of the tort law principle of compensation for those who suffer as a result of others' actions.
State Law Claims
While federal law is the basis for the majority of asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos lawyers are able to handle claims under a variety of statutes and laws in order to ensure injured workers get the compensation they deserve.
Asbestos was extensively used in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was generated by cutting and machining many of these components, and workers could inhale. The asbestos dust can be inhaled, causing lung issues like mesothelioma.
If railroad workers suffer from mesothelioma, or any other asbestos-related illnesses, they can bring a state-law suit against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. In addition, state courts frequently give priority to and quickly move cases filed by living plaintiffs.
This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welding worker for PATCO Railroad. She sued the companies who produced asbestos-containing products that she worked on. However her family was not able to prevail because the Supreme Court ruled that her state-law claim was preempted by FELA.
The company that manufactured the asbestos-containing products on which she worked filed an application for a summary judgment. They asserted that her state law claim was not valid because it did not allege 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 helps individuals and their families receive the compensation they deserve. His vast experience in FELA cases - including those involving asbestos - has helped him to secure millions of dollars for his clients in verdicts and settlements. He is committed to helping railroad workers and their families recover damages from those accountable for their injuries, illnesses and mesothelioma. Wyoming asbestos lawsuits has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was extensively utilized in the design and construction of railroads. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is strong and can withstand extreme heat, but these qualities are what make it dangerous for the people who work with them.
Because of the toxins in asbestos, it may take decades for symptoms such as mesothelioma or lung cancer to manifest. These diseases can be extremely expensive for the families of victims who require medical attention and have to endure physical pain and emotional trauma. Fortunately, asbestos-related illnesses are eligible for compensation from a variety of sources.
The most common way for railroad workers injured in an accident to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal court, or state courts located near the railroad company. Injured victims must prove their employer was negligent and they have the right to financial compensation.
Railroad workers aren't covered by the standard worker compensation system in a number of states. These workers can sue their employers for compensation under FELA protections.
This type of claim is a civil lawsuit in which the person who has suffered injury must show that the negligence of their employer caused mesothelioma or other ailment. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers accountable for exposing them 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 decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA which overrides state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney about their particular circumstances so they can ensure that their legal rights are protected.