Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials often because it was a tough and heat-resistant material. However, the same characteristics made asbestos a deadly and toxic material for anyone who came into contact with it.
Rail workers frequently carried asbestos dust particles home on their clothing or in their hair. This could put their families at risk.
Federal Employers Liability Act
Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material that can cause a variety of illnesses such as cancer. Thankfully, railroad workers are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, except that it is filed against an employer, not an individual defendant like in the case of a criminal.
The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers employees who are injured at work due to their employer's negligence. Additionally, railroad employees are able to file claims for certain illnesses such as mesothelioma.
Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies that have been involved in asbestos litigation over the years. Railroad employees are able to sue these companies under FELA as well as producers of asbestos-containing products, such as boilers, locomotive parts, and railcar siding.
In addition to the federal law, a few 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 help pay medical expenses, lost income and other expenses.
It is crucial to find an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can assist you in obtaining the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family of a man who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a laborer who frequently brought asbestos dust to his home on his clothes and in his hair, and he developed mesothelioma in 2012. Ken was able speed up the case, and the family received an enormous mesothelioma settlement.
Understanding the statute of limitation and your rights in a settlement is essential in the FELA case. Railroads that defend themselves often attempt to cut the amount they pay to the victim, claiming they are unable to prove that the illness was directly caused due to their exposure at work. It is important to seek legal guidance of a seasoned railroad lawyer.
Asbestos Manufacturers
For decades railroad workers have been suffering from asbestos-related illnesses for a long time. Rail is still an integral part of freight transportation despite the fact that cars are 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 automobile components.
In many cases railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or repairing. Workers also brought home asbestos dust 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 employ the material on their trains into the 1990s and into the 1980s. Unfortunately, many of these workers are now suffering from life-threatening illnesses due to years of occupational exposure.
Asbestos victims typically have to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. These manufacturers can be held liable for failing to warn about the dangers of their products, and for producing asbestos-containing products that were known to be harmful.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant at which the nephew who died worked. The family alleges that the deceased's uncle often brought his work clothing at home, and that when the clothes were on, his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothes. This negligence caused the mesothelioma which killed the family member.
If workers are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases bring to justice corporations that have blatantly disregard for the safety and health of dedicated railroad employees to maximize their own profits.
Asbestos lawsuits against railroads have led to compensation for injured workers and their families. Unfortunately, because a showing of manifest injury is required to bring a FELA claim, countless seemingly healthy railroad workers who don't suffer from an asbestos-related illness may be unable to file a claim. This is a clear violation of the underlying principle of tort law: to compensate people 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 are covered by state law which may offer additional legal protections. Asbestos lawyers can deal with claims under various statutes and laws to ensure injured workers get the compensation they deserve.
Asbestos was employed in a variety of railway components including locomotive engines, brakes, and steam boilers. 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 issues like mesothelioma.
When railroad workers suffer from 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 appropriate compensation for mesothelioma sufferers. Additionally, state courts often give priority to and quickly forward cases filed by living plaintiffs.
Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing equipment she worked on. Her family was unable win 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 argued that her state law claim was invalid because it did not allege the manufacturer knew of the dangers that come 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 helps people and their families get the compensation they are entitled to. His extensive background in FELA cases that include asbestos exposure, has allowed him to secure millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers and their families collect damages from those who are accountable for their injuries, illnesses and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was used extensively in the construction of railroads, especially in steam- and diesel-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is tough and can withstand extreme heat, but these characteristics makes it dangerous for people who work with them.
It can take years for mesothelioma symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These diseases can be extremely expensive for the victims and their families as they need medical treatment and have to deal with their physical and emotional suffering. Fortunately, those suffering from asbestos-related diseases can receive compensation from various sources.
The most common method for injured railroad workers to get financial compensation is through an action filed by a mesothelioma lawyer firm. Honolulu asbestos lawsuit can be filed in federal court or state courts in which a railroad company is located. A victim of injury must demonstrate that the negligence of their employer led to their injury and they are entitled to financial compensation.
In contrast to other types of workplace injuries railroad workers do not have access to the typical workers' compensation system in most states. They can sue their employers for compensation under FELA protections.
This kind of claim is a civil lawsuit where the victim must show that negligence by their employer led to their mesothelioma or other injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them asbestos.
In this particular case, a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However, the Supreme Court's decision 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. However, it is crucial for railroad workers injured to discuss their particular circumstances with an experienced lawyer so that they can better ensure that all legal rights are secured.