Railroad Asbestos Claims
Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant product. However, these same qualities made asbestos poisonous and deadly for those who came into contact with it.
Rail employees often brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families at risk.
Federal Employers Liability Act (FELA)
Asbestos is a dangerous material that railroad workers are exposed to. Asbestos can cause cancer as well as other health problems. Fortunately railroad workers are entitled to compensation 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 and not an individual defendant like in a criminal case.
The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers workers who are injured at work because of their employer's negligence. It also allows railroad employees to file claims for specific illnesses such as mesothelioma.
Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroads who have been involved in asbestos litigation throughout the years. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing products such as locomotive parts, boilers and railcar siding.
Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma victims are able to file state law claims, as well as FELA claims. This permits families to seek compensation from a variety of sources to pay for medical expenses, lost wages and other costs.
It is important to hire a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can assist you in obtaining the most compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family of a man 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 was diagnosed with mesothelioma. Ken was able expedite the case and his family was awarded a significant mesothelioma compensation.
It is crucial to know the time limit and your rights to a settlement when dealing with the FELA claim. The railroads who defend themselves often attempt to cut the amount they pay to the victim, claiming that they can't prove that the illness was directly caused by their negligence on the job. It is crucial to seek the legal guidance of a seasoned railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered the ravages of asbestos exposure for years. Rail remains an important part of freight transportation even though automobiles are now the most popular mode of transport for passengers. Asbestos was utilized throughout the railroad industry to protect pipelines, engines and car parts.
Rail workers are frequently exposed to asbestos because of their work with the equipment they repair and service. Miami asbestos lawsuit brought home asbestos dust on their clothing, exposing their children and spouses to the toxic mineral as well.
Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of occupational exposure.
Asbestos victims frequently have to file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. These manufacturers can be held accountable for their failure to warn of the dangers of their products, and for producing asbestos-containing materials that were known to be harmful.
For example, the family of an BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant in which the nephew who died worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothing to his home and that his children would roughhouse him when he was wearing these clothes. This negligence led to the mesothelioma that killed the family member.
When employees 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 companies that flagrantly disregarded the safety and health of dedicated railroad employees to increase their profits.
Asbestos lawsuits against railroads have led to compensation for injured workers and their families. Since a clearly-defined injury must be proven to be able to bring the possibility of a FELA case, many railroad workers who have never suffered from an asbestos-related illness might not be able to make claims. This is a clear violation of the tort law principle that compensates those who suffer as a result of other people's actions.
State Law Claims
While federal law is the foundation for most asbestos lawsuits, a few railroad workers have state-law claims which may offer additional legal protections. Asbestos attorneys can deal with claims under a range of laws and statutes to ensure injured workers and their families get the amount of compensation they are entitled to.
Asbestos was widely used in railway components such as steam boilers, locomotive engines and brakes. Asbestos dust was created by machining and cutting many of these components, and workers could breathe in. The asbestos dust can be ingested and cause lung problems like mesothelioma.
If railroad workers contract mesothelioma, or any other asbestos-related diseases, they may make a claim under the state law against their employers and the manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the proper compensation for mesothelioma victims. State courts also give priority to cases and advance filing by living victims.
This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welding worker for PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products that she worked with. Her family was not able to win because the Supreme Court ruled her state-law claim was preempted by FELA.
The company that manufactured the asbestos-containing products on which she worked filed a motion for a summary judgment. They argued that her state law claim was not valid because it did not allege that the company was aware of the dangers that come with asbestos being used in its products. The Supreme Court dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the loved ones of those individuals get the compensation they are entitled to. His extensive experience in FELA cases, including those involving asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families collect 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 design and construction of railroads. Unfortunately, it also proved to be extremely deadly for the railway workers who were exposed to the poisonous substance. The material is durable and is able to be able to withstand extreme heat, however these qualities are what makes it dangerous for people who work with them.
It could take a long time for mesothelioma symptoms and lung cancer to appear due to the toxins found in asbestos. These illnesses can be extremely costly for victims and their families, as they require medical care and are faced with physical and emotional suffering. Asbestos-related diseases can be compensated through a variety of sources.
The most common way for injured railroad workers to receive financial compensation is via an action filed with a mesothelioma law firm. These claims can be filed in federal courts or state courts in which the railroad company is. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.
In contrast to other types of workplace injuries, railroad workers do not have access to the standard workers compensation system in a majority of states. They can sue their employers for compensation under FELA protections.
This kind of claim is a civil lawsuit in which the person who has suffered injury must show that the negligence of their employer caused mesothelioma or another injury. However the recent case that was brought to the Supreme Court highlights a roadblock that railroad workers face when they attempt to hold their employers accountable for exposure to asbestos.
In this case the family of a deceased railway employee filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based upon FELA which goes over state laws regarding asbestos claims. It is still important that railroad workers who have been injured speak with an attorney about their particular situation so they can ensure all of their legal rights are secured.