Railroad Asbestos Claims
Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. The same properties also made asbestos poisonous and deadly to anyone who came into contact with it.
Rail workers frequently brought asbestos dust particles to their homes on their clothes or in their hair. This could expose their families to danger as well.
Federal Employers Liability Act (FELA)
Railroad workers are frequently exposed to asbestos. Asbestos is a hazard that can cause a variety of health issues such as cancer. Fortunately, railroad workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer instead of the defendant in criminal cases.
The FELA is a federal law that was passed in 1908 to protect railroad workers injured on the job. FELA differs from state workers' compensation laws in that it protects employees injured on the job due to the negligence of their employers. It also permits railroad workers to file claims for specific illnesses, such as mesothelioma.
Numerous railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad employees are able to sue these companies under FELA as well as manufacturers 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-related mesothelioma patients are able to file state law claims as well as FELA claims. This permits families to seek compensation from multiple sources to pay medical bills, lost income and other expenses.
It is essential to choose an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can assist you in obtaining maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was an employee who carried asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and the family was awarded a significant mesothelioma settlement.
It is crucial to know the time limit and your rights to settlement when settling a FELA claim. Railroads that are defending themselves often attempt to limit the amount of money paid to victims by claiming that they cannot prove that their illness is directly related to their work-related exposure. It is important to seek legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered from the effects of asbestos exposure for years. While cars are now surpassing trains for the majority of passenger travel however, the rail system remains an essential component of freight transportation. Asbestos was used throughout the railroad industry to insulate train engines, pipes and car parts.
Rail workers are often exposed to asbestos because of their work with the equipment they repair and service. Workers also brought asbestos dust home on their clothes, exposing their children and spouses to the toxic mineral too.
Railroad companies were aware of asbestos' dangers in 1935, but they continued to use the substance on their trains through the 1990s and into the 1980s. Unfortunately, many of these workers are now suffering from life-threatening diseases as a result years of exposure to asbestos.
Asbestos victims often file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held accountable for failing to warn about the dangers of their products and for producing asbestos-containing materials that were known to be dangerous.
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 plant that made brakes where the uncle who died worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire to his home and that his children would roughhouse the man when he was wearing these clothes. This negligence led to mesothelioma which killed the family member.
If workers are diagnosed with asbestos-related diseases like mesothelioma, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to increase their profits.
Kent asbestos lawyer filed against railroad companies have resulted in compensation claims for injured workers and their families. Since a demonstration of injury that is manifest is required for bringing an FELA claim, many healthy railroad workers who don't develop an asbestos-related disease might be unable to make such an claim. This is a clear violation of the tort law principle that compensates the victims of the actions of others.
State Law Claims
While federal law lays the foundation for most asbestos lawsuits, certain railroad workers have state-law claims which may offer additional legal protections. Asbestos attorneys can handle claims under a variety of laws and statutes to ensure injured workers and their families get the compensation they deserve.
Asbestos was used extensively in railway components like locomotive engines, steam boilers and brakes. Asbestos dust was produced by cutting and machining many of these components, which workers could breathe in. This asbestos dust can be inhaled and cause lung issues such as mesothelioma.
When railroad workers develop mesothelioma, or other asbestos-related diseases, they may have state-law claims against their employers as well as the manufacturers 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 the amount of compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living mesothelioma patients.
This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welding worker for PATCO Railroad. She sued the companies that produced the asbestos-containing equipment that she worked on. The family was not able to prevail because the Supreme Court ruled her state-law claim preempted FELA.
The company that manufactured the asbestos-containing products for which she worked, filed a motion for a summary judgment. They asserted that her state law claim was invalid because it did not allege that the company was aware of the risks associated with the use of asbestos in its products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation 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 recover damages from those accountable for their illnesses, injuries, and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively utilized in the construction and design of railroads. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely durable and capable of withstanding immense quantities of heat. However these properties are what make it hazardous to people who work with it.
It could take years for mesothelioma symptoms and lung cancer to show up due to the toxins found in asbestos. These conditions can be very expensive for the victims and their families since they require medical care and have to deal with their physical and emotional suffering. Asbestos-related illnesses can be compensated through a variety of sources.
A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured can be awarded financial compensation. These lawsuits can be filed in federal courts or state courts where railroad companies are located. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.
Railroad workers aren't covered by the standard workers compensation system in a number of states. Instead, they are eligible to file an action against their employers under the protections of FELA.
This is a civil action where the injured person has to demonstrate that the negligence of their employer caused mesothelioma or any other injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them to asbestos.
In this particular case, a family member of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney regarding their particular situation so they can be sure that all of their legal rights are protected.