Railroad Asbestos Claims
Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. However, the same characteristics made asbestos toxic and deadly for those who came into contact with it.
Most often, railway workers often carry deadly asbestos dust fibers home on their clothes and hair. This could also put their families in danger.
Federal Employers Liability Act (FELA)
Asbestos is a hazardous material that railroad workers are exposed. 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 it is filed against the employer rather than an individual defendant as in a criminal case.
Brownsville asbestos lawsuit was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA is different from state's worker's compensation laws because it protects employees who are injured on the job due to their employers ' negligence. It also allows railroad employees to file claims for certain diseases like mesothelioma.
Over the years, a number of railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing items like locomotive parts, boilers and railcar siding.
In addition to the federal law, certain 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 allows families to seek compensation from multiple sources to pay medical bills, lost wages and other expenses.
It is crucial to find a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented a family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a laborer who regularly brought home asbestos dust on his clothes and in his hair. Then, he developed mesothelioma in 2012. Ken was able to speed up the case and his family received an important mesothelioma payout.
Understanding the statute of limitations and your rights in a settlement are crucial in an FELA case. Defendant railroads often try to reduce the amount they pay to victims by arguing that they cannot prove that the illness is directly connected to their exposure at work. It is important to seek the legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
For decades railroad workers have suffered from asbestos-related illnesses for a long time. Rail is still a vital component of freight transportation even though cars are the most preferred mode of travel for passengers. Asbestos was used throughout the railroad industry to insulate pipelines, engines and car components.
Rail workers are often exposed to asbestos because of their working with equipment they maintain and repair. Workers wore asbestos dust on their clothing, which exposed their families to the harmful mineral.
Although railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ it on their trains until the 1980s and 1990s. Unfortunately, a lot of these workers have developed life-threatening illnesses as a consequence of exposure to asbestos, a dangerous mineral.
Asbestos victims often are required to file FELA claims with the makers of asbestos-containing equipment for which they worked. They can be held accountable for their failure to warn about the dangers of their products as well as 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 died from mesothelioma. The company owned the brake plant where the nephew who died worked. The family alleges the deceased's Uncle often brought his asbestos-covered work attire at home, and his children would beat him while they saw him in these clothes. This lapse of judgment led to mesothelioma which killed the family member.
When employees are diagnosed with asbestos-related illnesses like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold accountable businesses that blatantly ignored the health and safety of dedicated railroad employees to maximize their own profits.
Asbestos lawsuits against railroads resulted in compensation for injured workers and families. Since a clear injury must be shown to bring an FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able to make claims. This is clearly in 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 provides the basis for the majority of asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws in order to ensure injured workers receive the compensation they need.
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 parts, which workers could breathe in. The asbestos dust can be ingested, causing lung problems such as mesothelioma.
When railroad workers suffer from mesothelioma or other asbestos-related illnesses and diseases, they could have state-law claims against their employers and the companies that made the products that exposed them to dangerous asbestos. These claims are filed before state courts where juries and judges have extensive experience in determining compensation for mesothelioma patients. State courts also give priority to cases and advance filing by living victims.
Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing products she worked on. However her family was not able to prevail as the Supreme Court ruled that her state law claim was invalidated by FELA.
The company that produced the asbestos-containing products for which she worked, filed an application for a summary judgment. They asserted that her state law claim was invalid since it did not claim that the company was aware of the risks associated with asbestos being used in its products. The Supreme Court dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those people obtain the compensation that they deserve. His extensive background in FELA cases that include asbestos exposure, has helped him secure millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers injured and their loved ones recover damages from the parties responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was widely used in the construction and design of railroads. It also posed a threat to many railway workers exposed to the toxic substance. The material is tough and can endure extreme heat, but these qualities are what make it dangerous for the people who work with them.
Due to the toxins present in asbestos, it can take decades for signs like mesothelioma and lung cancer to manifest. These diseases can be extremely expensive for the victims and their families, as they require medical treatment and must deal with their physical and emotional suffering. Asbestos-related ailments can be paid by a variety sources.
The most popular method for railroad workers injured in an accident to receive financial compensation is via a lawsuit filed by a mesothelioma lawyer firm. These claims can be filed in federal courts or state courts in which railroad companies are located. Injured victims must prove their employer was negligent and they have the right to financial compensation.
Railroad workers are not covered under the standard workers compensation system in many states. These workers can sue their employers under FELA protections.
This is a civil claim in which the person who is injured must demonstrate that the negligence of their employer caused their mesothelioma, or any other injury. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them to asbestos.
In this case the family of a deceased railway worker filed an asbestos lawsuit against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their particular circumstances with an experienced attorney so that they can better ensure all legal rights are secured.