Railroad Asbestos Claims
Railroad workers frequently used or worked with asbestos-containing products because it was a highly durable and heat-resistant substance. The same properties also made asbestos poisonous and deadly to anyone who came into contact with it.
Rail employees often brought asbestos dust particles home on their clothing or in their hair. This could put their families at risk.
Federal Employers Liability Act (FELA)
Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health problems. Fortunately, railroad workers are able to seek compensation from their employers 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 a defendant like criminal cases.
The FELA is a federal law enacted in the year 1908 to safeguard 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 permits railroad workers to file claims for specific illnesses such as mesothelioma.
Over the years, several railroad companies have been involved in asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad workers could sue these companies, as well as the producers of asbestos-containing items like locomotive parts or boilers.
In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma victims are able to file state law claims as well as FELA claims. This allows families to seek compensation from a variety of sources to pay for medical bills, lost wages and other costs.
When submitting an FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can help you obtain maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a laborer who often brought home asbestos dust on his clothing and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and the family received a significant mesothelioma compensation.
It is important to be aware of the time limit and your rights to a settlement when dealing with an FELA claim. The railroads that are defending themselves often attempt to cut the amount of money paid to a victim, claiming that they can't prove that the illness was directly caused due to their exposure on the job. It is important to seek the legal guidance of a seasoned railroad lawyer.
Asbestos Manufacturers
For many years railroad workers have been suffering from asbestos exposure for years. Rail remains an important part of freight transportation even though automobiles are now 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 frequently exposed to asbestos because of their work with the equipment they repair and service. Workers wore asbestos dust on their clothing, which exposed their families to the toxic mineral.
While railroad companies were aware of the dangers of asbestos by 1935 however, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, many of these workers are now suffering from life-threatening diseases because of years of occupational exposure.
Asbestos victims frequently file FELA claims with the makers of asbestos-containing equipment on which they worked. These manufacturers can be held accountable for failing to warn about the dangers of their products and for manufacturing asbestos-containing materials that were known to be harmful.
Nampa asbestos lawsuit was sued by the family of the BNSF railroad employee who died of mesothelioma. The company owned the plant that made brakes where the uncle of the deceased worked. The family claims that the deceased's uncle regularly brought his work clothing home, and when they were wearing these clothes, his children would play with him and roughhouse him while wearing asbestos-covered work clothing. This negligence led to the mesothelioma which killed the family member.
When asbestos-related diseases like mesothelioma is diagnosed, workers lose the time they been able to enjoy retirement and their final chapters in life. These cases make companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad employees in order to maximize their profits.
Asbestos lawsuits against railroads resulted in compensation for families of injured workers. Unfortunately, because a showing of injury that is manifest is required for bringing an FELA claim, countless seemingly healthy railroad workers who never get sick due to asbestos may not be able to bring claims. This is a clear violation of the basic principle of tort law: to compensate people who suffer due to the actions of others' actions.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers are able to deal with claims under a range of different statutes and laws to ensure that injured workers and their families receive the justice they deserve.
Asbestos was used in various railway components like locomotive engines, brakes, and steam boilers. Many of these components required machining or cutting which created asbestos dust that could be breathed in by workers. This asbestos dust can also be inhaled, which can cause lung issues like mesothelioma.
When railroad workers develop mesothelioma, or other asbestos-related diseases 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 compensation for mesothelioma sufferers. State courts also give priority and advance cases filed by living mesothelioma victims.
Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She sued the companies that manufactured the asbestos-containing equipment that she worked on. Unfortunately her family was not able to prevail as the Supreme Court ruled that her state law claim was preempted by FELA.
The company that made 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 that the company was aware of the risks associated with asbestos being used in its products. The Supreme Court dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they are entitled to. His extensive experience in FELA cases - including those involving asbestos - has helped him to obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping injured railroad workers and their loved ones recover damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively utilized in the design and construction of railroads. However, it proved to be very deadly for many railway workers who were exposed to the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat. However, these qualities are exactly what make it dangerous to those who work with it.
Due to the toxins found in asbestos, it can take decades for symptoms such as mesothelioma or cancer to show up. These illnesses can be extremely expensive for the victims and their families, as they require medical care and are faced with physical and emotional discomfort. Asbestos-related ailments can be paid through a variety of sources.
A mesothelioma lawyer is the most popular method by which railroad workers injured can be awarded financial compensation. These claims can be filed in federal court or state courts where railroad companies are located. A victim of injury must be able to demonstrate that the negligence of their employer caused their injury, and they are entitled to financial compensation.
Railroad workers are not covered by the standard worker compensation system in a lot of states. They can sue their employers under FELA protections.
This kind of claim is a civil suit in which the person who has suffered injury must show that the negligence of their employer caused their mesothelioma, or another injury. However, a recent case brought to the Supreme Court highlights a roadblock that railroad workers face when they are trying to make their employers accountable for exposing them to asbestos.
In this particular instance, a family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. 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 overrides state laws regarding asbestos claims. It is still important that railroad workers who have been injured speak with an attorney about their particular circumstances so they can ensure all of their legal rights are secured.