Railroad Asbestos Claims
Railroad workers often used or worked with asbestos-containing materials due to its robust and heat-resistant material. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.
Most often, railway workers often carry deadly asbestos dust fibers home with them on their clothing and in their hair. This could also put their families in danger.
Federal Employers Liability Act
Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer as well as other health issues. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but is filed against the employer, not a defendant like criminal cases.
The FELA is a federal law enacted in the year 1908 to safeguard railroad workers who were injured on the job. FELA is different from state's laws on worker's compensation, since it covers workers who suffer injuries on the job because of the negligence of their employers. It also allows railroad workers to file claims when they develop certain illnesses such as mesothelioma.
Over the years, a number of railroad companies have been involved in asbestos litigation. Aurora asbestos lawsuits , Transtar and local municipal and state railways are among the railroads that have been involved in asbestos litigation throughout the years. Railroad employees are able to sue these companies under FELA as well as manufacturers of asbestos-containing products such as locomotive parts, boilers and railcar siding.
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 a variety of sources to pay for medical expenses, lost wages and other costs.
If you are filing the FELA claim, it is important to work with an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma knowledge that can assist you in obtaining maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a worker who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able expedite the case and the family was awarded a significant mesothelioma compensation.
It is important to be aware of the statute of limitations and your rights to an agreement when you are dealing with a FELA claim. Railroads that are defending themselves often attempt to limit the amount of money paid to victims by arguing that they cannot prove that their illness is directly linked to the exposure they endured at work. This is why it is important to seek legal help from an experienced attorney for railroads.
Asbestos Manufacturers
For decades railroad workers have been suffering from asbestos exposure for years. Rail is still an integral part of freight transportation, even though automobiles are now the most popular mode of transport for passengers. Asbestos has been utilized in the railroad industry for a long time to insulate engine parts pipes and other components of automobiles.
In many instances railroad workers were exposed to asbestos through working contact with the equipment they were servicing or repair. Workers wore asbestos dust on their clothes, exposing their families to the harmful mineral.
Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the substance on their trains into the 1990s and into the 1980s. Sadly, many of these workers have now developed life-threatening illnesses as a result of exposure to asbestos, a dangerous mineral.
Asbestos victims often file FELA claims against the manufacturers of asbestos-containing equipment on which they worked. These manufacturers may be held accountable for not warning about the dangers that could be posed by their products, as well as for producing asbestos-containing materials that was found to be harmful.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who passed away from mesothelioma. The company owned the brake manufacturing plant in which the deceased's uncle worked. The family alleges the deceased's Uncle often brought his asbestos-covered work clothing at home, and his children would beat him when the clothes were on. This negligence led to the mesothelioma cancer that killed the family member.
If workers are diagnosed with asbestos-related illnesses like mesothelioma, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold accountable companies that flagrantly disregarded the safety and health of railroad workers to increase their profits.
Asbestos suits against railroads led to compensations for injured workers and families. Since a clear injury has to be proved to be able to bring an FELA case, countless railroad workers who have not been diagnosed with an asbestos-related disease may not be able make a claim. This is clearly in violation of the fundamental principle of tort law, which is to compensate those who suffer because of others' actions.
State Law Claims
While federal law is the basis for most asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos attorneys can manage claims under a variety of different laws and statutes to ensure that injured workers and their families receive the justice they deserve.
Asbestos was used extensively in railway components like steam boilers, locomotive engines and brakes. Many of these components required machining or cutting which resulted in the formation of airborne asbestos dust which could be inhaled by workers. The asbestos dust may also be inhaled, causing lung problems such as mesothelioma.
If railroad workers develop mesothelioma, or any other asbestos-related diseases, they can file a state-law claim against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where judges and juries have vast experience in determining appropriate compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly move cases filed by living plaintiffs.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma after working as a welder for PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products she worked on. Unfortunately her family was not able to prevail because the Supreme Court ruled that her state-law claim was preempted by FELA.
The company that made the asbestos-containing equipment that she worked on filed an application for summary judgment in support of her state-law claim was not viable because it did not allege that the manufacturer knew the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and family members of those who suffer from the same get the compensation they deserve. His extensive experience in FELA cases including asbestos cases - has allowed him to secure millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those accountable for their injuries, illnesses and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was widely used in the construction and design of railways. Unfortunately, it also proved to be very deadly for railway workers who were exposed to the toxic substance. The material is very durable and capable of withstanding immense amounts of heat; however these qualities are what make it hazardous for workers who work with it.
Due to the toxins present in asbestos, it may take years for the symptoms like mesothelioma and lung cancer to show up. These illnesses can be extremely expensive for patients and their families, as they require medical care and must deal with their physical and emotional discomfort. Asbestos-related diseases can be compensated by a variety of sources.
The most popular method for railroad workers injured to receive financial compensation is through an action filed with a mesothelioma law firm. These lawsuits can be filed in federal court, or state courts located close to the railroad's company. An injured victim must prove that the negligence of their employer led to their injury and they are entitled to financial compensation.
Railroad workers aren't covered by the standard workers compensation system in a number of states. These workers can sue their employers under FELA protections.
This kind of claim is a civil action where the victim must prove that negligence by their employer caused their mesothelioma, or other ailment. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them to asbestos.
In this particular case, the family member 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 block the lawsuit from proceeding since the claim is based on FELA, which trumps 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 secured.