Railroad Asbestos Claims
Railroad workers often utilized or worked with asbestos-containing materials because it was a durable and heat-resistant material. But, these same qualities made asbestos toxic and deadly for those who came into contact with it.
Rail workers often brought asbestos dust particles home on their clothing or in their hair. This could put their families in danger.
Federal Employers Liability Act (FELA)
Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health problems. Thankfully, railroad workers can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer, not an individual defendant as in a criminal case.
The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state workers’ compensation laws in that it protects employees injured on the job because of their employer’s negligence. It also allows railroad workers to file claims if they suffer from certain diseases, such as mesothelioma.
A number of railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies that have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies as well as manufacturers of asbestos-containing products like locomotive parts and boilers.
In addition to the federal law, some states have their own worker’s compensation programs. Asbestos victims are eligible to claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from various sources to pay for medical bills, lost income and other expenses.
When submitting an FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy’s attorneys have an extensive knowledge of mesothelioma and can help you get 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 to 1959, as a steam engine scrapper. He was a worker who brought asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family was awarded a significant mesothelioma payout.
It is essential to understand the statute of limitations and your rights to a settlement when dealing with a FELA claim. The railroads that are defending themselves often attempt to cut the amount they pay to a victim, by claiming they cannot prove the illness was directly caused by their negligence on the job. 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 a long time. Rail is still an integral part of freight transport, even though cars are the most preferred mode of transport for passengers. Asbestos was used throughout the railroad industry to shield trains, pipes and car components.
In many cases, railroad workers were exposed to asbestos due to on-the-job contact with the equipment they were servicing or fixing. Workers brought asbestos dust home on their clothes, exposing their families to the poisonous mineral.
Railroad companies were aware of asbestos’ dangers in 1935, but continued to use the substance in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening diseases due to years of occupational exposure.
Asbestos victims typically are required to file FELA claims against the manufacturers of the asbestos-containing equipment they worked on. The manufacturers could be held accountable for their failure to warn about the dangers of their products, and for producing asbestos-containing products that were known to be dangerous.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died of mesothelioma. The company was the owner of the brake manufacturing plant where the uncle of the deceased was employed. The family alleges that the deceased’s uncle frequently brought his work clothing home, and when he wore these clothes, 9363280 his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. This negligence led to the mesothelioma that caused the death of the family member.
When asbestos-related illnesses like mesothelioma are diagnosed, workers lose the time they would have been able to enjoy retirement and the final years of life. These cases bring to justice businesses that blatantly ignored the safety and health of railroad workers to maximize their own profits.
Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. However, since a proof of manifest injury is required to bring an FELA claim, countless seemingly healthy railroad workers who do not suffer from an asbestos-related illness may be unable to make such an claim. This is clearly in violation of the basic principle of tort law, which is to provide compensation for those who suffer due to the actions of others’ actions.
State Law Claims
While federal law lays the foundation for most asbestos lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers can handle claims under a variety of different statutes and laws to ensure that injured workers and www.9363280.xyz their families receive the justice they deserve.
Asbestos was extensively used in railway components like locomotive engines, steam boilers and brakes. Many of these components required cutting or machining which created asbestos dust which could be inhaled by workers. The asbestos dust can be inhaled, causing lung problems such as mesothelioma.
If railroad workers suffer from mesothelioma, or other asbestos-related diseases, they may have state-law claims against their employers as well as the producers of the products that exposed them to dangerous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also give priority to cases and advance filing by living mesothelioma victims.
Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products that she worked with. However her family was not able to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.
The company that produced the asbestos-containing equipment that she worked on filed an application for summary judgment, arguing that her state-law claim was not valid since it did not state that the manufacturer knew the risks of using asbestos in their 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 extensive 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 injured and their families recover damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, 9363280.Xyz West Virginia, and Montana.
Compensation
Asbestos was extensively used in the construction of railroads, particularly in diesel and steam-powered trains. However, it proved to be very deadly for railway workers who were exposed to the poisonous material. The material is extremely tough and 9363280 capable of withstanding immense quantities of heat. However these qualities are the reason it is dangerous for people who work with it.
It can take years for symptoms like mesothelioma and lung cancer to manifest due to the toxins found in asbestos. These diseases can be extremely expensive for the families of victims because they require medical treatment and have to deal with their physical and emotional pain. Asbestos-related illnesses can be compensated through a variety of sources.
A mesothelioma lawyer is the most commonly used method by which railroad workers injured are able to receive financial compensation. These claims can be brought in federal courts, or state courts located close to the railroad’s company. A victim of injury 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 typical workers compensation system in the majority of states. They can sue their employers for compensation under FELA protections.
This type of claim is a civil suit in which the person who has suffered injury must prove that the negligence of their employer caused their mesothelioma, or another injury. However an upcoming case that was brought before the Supreme Court highlights a roadblock that railroad workers face when they try to claim their employers are responsible for exposure to asbestos.
In this case, the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court’s decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific circumstances with an experienced lawyer so that they can better ensure all legal rights are protected.