Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing products a lot because it was a tough and heat-resistant material. However, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

In many cases, rail workers often carry asbestos dust that is deadly with them on their clothing and hair. This could also put their families at risk.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is a dangerous material that can cause a variety of illnesses such as cancer. Fortunately, railroad workers are entitled to 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 an individual defendant as in a criminal case.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are 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 their employer's negligence. It also allows railroad employees to file claims for specific illnesses, such as mesothelioma.

Over the years, several railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroads that have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies as well as manufacturers of asbestos-containing products like locomotive parts and boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from a variety of sources in order to help pay medical expenses, lost income and other expenses.

When submitting the FELA claim, it is important to choose an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can help you obtain maximum compensation for your injury. 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 a laborer who often brought asbestos dust home on his clothing and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able to speed up the case, and the family received a significant mesothelioma compensation.

Understanding the statute of limitations and your rights in a settlement are crucial when deciding on a FELA case. The railroads that are defending themselves often attempt to cut the amount they pay to a victim, claiming they cannot prove the illness was caused directly due to their exposure to the work environment. This is why it is important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

For decades railroad workers have suffered from asbestos-related illnesses for a long time. 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 employed throughout the railroad industry to shield train engines, pipes and car components.

Rail workers are frequently exposed to asbestos as they working with equipment they service and repair. Workers brought asbestos dust home on their clothing, which exposed their families to the harmful mineral.

While railroad companies were aware of the dangers of asbestos by 1935, they continued to use asbestos in their trains until the 1980s and 1990s. Unfortunately, many of these workers are currently suffering from serious illnesses as a result years of occupational exposure.

Asbestos victims frequently have to file FELA claims against the manufacturers of the asbestos-containing equipment they used. These manufacturers may be held responsible for not advising of the risks associated with their products, or for producing asbestos-containing materials that was found to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake manufacturing plant where the uncle of the deceased 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 wearing asbestos-covered work clothes. This negligence led to the mesothelioma cancer that caused the death of the family member.

When employees are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold accountable businesses that blatantly ignored the safety and health of dedicated railroad employees to maximize their own profits.

Asbestos lawsuits against railroads led to compensations for injured workers and families. Since a demonstration of manifest injury is required to bring a FELA claim, countless seemingly healthy railroad workers who do not develop an asbestos-related disease might be unable to file claims. This is a clear infringement of the tort law principle that pays those who suffer as a result of others' actions.

State Law Claims

While federal law is the foundation for most asbestos lawsuits, some railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers are able to manage claims under a variety of different statutes and laws to ensure that injured workers and their families get the amount of compensation they are entitled to.

Asbestos was employed in a variety of railway components like locomotive engines, brakes and steam boilers. Asbestos dust was generated through cutting and machining of these components, and workers could inhale. This asbestos dust can be inhaled and cause lung problems like mesothelioma.

When railroad workers suffer from mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers and the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. Additionally, Champaign asbestos lawyers You Tube give priority to and speedily forward cases filed by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma after working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing products she worked on. Unfortunately her family was unable to prevail as the Supreme Court ruled that her state law claim was preempted by 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 the manufacturer knew of the risks associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the loved ones of those individuals receive the compensation they are entitled to. His vast experience in FELA cases - including those involving asbestos - has helped him to obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers and their families recover damages from those who are responsible for their injuries, illnesses and mesothelioma. He has 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 railway workers who were exposed to the toxic substance. The material is extremely tough and is able to withstand massive amounts of heat; however, these qualities are exactly what make it hazardous for workers who work with it.

Because of the toxins in asbestos, it could take years for the symptoms such as mesothelioma or lung cancer to show up. These illnesses can be extremely costly for victims and their families as they require medical care and are faced with physical and emotional pain. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation from various sources.

A mesothelioma lawyer is the most popular way that injured railroad workers can be awarded financial compensation. The claims can be filed in federal courts or state courts in which railroad companies are located. An injury victim must be able to prove that the negligence of their employer caused their injury and they are entitled to financial compensation.

In contrast to other workplace injuries, railroad workers do not have access to the typical workers compensation system in the majority of states. They can sue their employers for compensation under FELA protections.

This type of claim is a civil lawsuit where the victim must show that their employer's negligence caused 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 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 stop this lawsuit from going forward because the claim is based on FELA which overrides state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their particular circumstances with an experienced attorney to better ensure that all legal rights are protected.
Champaign asbestos lawyers You Tube