Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials a lot because it was a tough and heat-resistant product. But, these same qualities made asbestos poisonous and deadly for those who came into contact with it.
Rail workers often carried asbestos dust particles to their homes on their clothes or in their hair. This could put their families in danger as well.
Federal Employers Liability Act
Asbestos is a hazard that railway workers are exposed to. Asbestos can cause cancer as well as other health issues. Thankfully, railroad workers are able to seek 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 rather than an individual defendant like in the case of a criminal.
The FELA is a federal law that was enacted in the year 1908 to protect railroad workers who were injured on the job. FELA differs from state worker's compensation laws in that it covers workers who are injured on the job due to the negligence of their employers. It also permits railroad workers to file claims when they suffer from certain diseases, such as mesothelioma.
Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing items like boilers, locomotive parts and railcar siding.
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 allows families to seek compensation from various sources to help pay medical expenses, lost wages and other expenses.
It is important to hire an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can assist you in getting the most compensation for your injury. 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 laborer who frequently brought asbestos dust to his home on his clothing and in his hair. Eventually, the cancer was diagnosed in 2012. Ken was able to speed up the case and the family received an important mesothelioma payout.
Understanding the statute of limitation and your rights in a settlement is crucial when dealing with a FELA case. Railroads who are defendants frequently try to limit the amount paid to the victim by claiming that they cannot prove that their illness is directly linked to their work-related exposure. This is why it is so important to seek legal help from an experienced railroad attorney.
Asbestos Manufacturers
For decades railroad workers have suffered from asbestos-related illnesses for a long time. Rail is still an integral part of freight transportation even though automobiles are now the most preferred mode of transport for passengers. Asbestos was used in the railroad industry for many years to insulate engine parts pipes and other components of automobiles.
Rail workers are often exposed to asbestos as they work with the equipment they service and repair. Workers wore asbestos dust on their clothing, exposing their families to the toxic mineral.
While railroad companies were aware of asbestos' dangers as of 1935 however, they continued to use it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases as a result of years of occupational exposure to the dangerous mineral.
Asbestos victims frequently file FELA claims against the makers of the asbestos-containing equipment they worked on. The manufacturers could be held accountable for their failure to warn of the dangers of their products as well as for manufacturing asbestos-containing materials that were known to be 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 deceased's nephew worked. The family alleges that the deceased's uncle frequently brought work clothes to his home, and if they were wearing these clothes his children would play with him and roughhouse him when he was wearing his asbestos-covered work clothes. This negligence led to the mesothelioma cancer that caused the death of the family member.
When asbestos-related diseases like mesothelioma is diagnosed, workers lose the time they been able to enjoy retirement and the final years. These cases make companies accountable for having flagrantly disregarding the health and safety requirements of dedicated railroad workers in order to maximize their profits.
Asbestos lawsuits against railroad companies have resulted in compensation for injured workers and their families. Since a clear injury has to be proved in order to establish the possibility of a FELA case, countless railroad workers who have never suffered from an asbestos-related illness might not be able to file a claim. This is a clear infringement of the tort law principle that compensates the victims of others' actions.
State Law Claims
While federal law is the basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos attorneys can handle claims under a variety of laws and statutes to ensure injured workers and their families receive the justice they deserve.
Asbestos was used in various railway components like locomotive engines, brakes and steam boilers. El Monte asbestos lawyer of these components required machining or cutting which resulted in the formation of airborne asbestos dust that could be inhaled by workers. This asbestos dust can also be inhaled, which can cause lung diseases like mesothelioma.
If railroad workers suffer from mesothelioma, or other asbestos-related illnesses, they can file a state-law claim against their employers and manufacturers of the products that 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. State courts also offer priority and advance cases filed by living victims.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma as a welding worker for PATCO Railroad. She filed a lawsuit against the companies that manufactured the asbestos-containing equipment she worked on. However her family was not able to prevail as the Supreme Court ruled that her state law claim was invalidated by FELA.
The company that manufactured the asbestos-containing products on which she worked, filed an application for a summary judgment. They claimed that her state law claim was not valid because it did not state that the manufacturer was aware of the risks associated with asbestos being used in its products. The Supreme Court dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their loved ones of those individuals obtain the compensation that they are entitled to. His extensive background in FELA cases, including those involving asbestos exposure, has allowed him to obtain millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families obtain damages from those who are responsible for their injuries, illnesses and mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was widely used in the construction of railroads, particularly in steam- and diesel-powered trains. However, it proved to be extremely deadly for the railway workers who were exposed to the poisonous material. The material is extremely durable and is able to withstand massive amounts of heat. However these properties are what make it hazardous for people who work with it.
Because of the toxins in asbestos, it can take years for the symptoms like mesothelioma and lung cancer to manifest. These illnesses can be extremely expensive for patients and their families as they require medical treatment and are faced with physical and emotional suffering. Fortunately, asbestos-related diseases can receive compensation from a variety of sources.
The most common method for railroad workers injured to get financial compensation is through the filing of a lawsuit by a mesothelioma lawyer firm. The claims can be filed in federal court, or state courts located near the railroad company. Injured victims must prove their employer was negligent and they are entitled to financial compensation.
Railroad workers aren't covered by the standard workers compensation system in a number of states. Railroad workers are able to sue their employers under FELA protections.
This type of claim is a civil lawsuit where the victim must show that the negligence of their employer led to their mesothelioma or another injury. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them asbestos.
In this case, the family of a deceased railway employee filed an asbestos suit against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from going forward because the claim is based on FELA which goes over state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk to an attorney about their specific circumstances so that they can be sure that all of their legal rights are protected.