What Is Railroad Asbestos Claims? How To Use It

Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a durable and heat-resistant product. However, the same characteristics made asbestos poisonous and deadly for those who came in contact with it.

Often, rail employees often carry asbestos dust particles that are deadly with them on their clothes and hair. This could put their families in danger.

Federal Employers Liability Act (FELA)

Asbestos is a dangerous material that railroad workers are exposed to. Asbestos can cause cancer and other health problems. Fortunately, railroad employees can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, but 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 safeguards railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers workers who are injured on the job due to their employer's negligence. Additionally, railroad employees are able to file claims against certain illnesses such as mesothelioma.

A number of railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations such as Amtrak and Transtar and local state and municipal railroads. Railroad employees are able to sue these companies under FELA as well as producers 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 sufferers are able to file state-law claims, as well as FELA claims. This allows families to seek compensation from multiple sources to pay for medical bills, lost wages and other expenses.

When filing a FELA claim, it is important to work with an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper.  El Cajon asbestos attorney  was a laborer who often brought asbestos dust to his home on his clothes and in his hair, and he developed mesothelioma in 2012. Ken was able to speed up the case and his family was awarded a significant mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial when dealing with a FELA case. Railroads that defend themselves frequently try to cut down on the amount of money paid to a victim, claiming they cannot prove the illness was directly caused by their exposure to the work environment. It is essential to seek legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have been suffering from the effects of asbestos exposure. Rail remains an important part of freight transport even though automobiles are now the most preferred mode of travel for passengers. Asbestos was utilized throughout the railroad industry to protect pipelines, engines and car parts.

In many cases railroad workers were exposed to asbestos due to working contact with the equipment they were servicing and repair. Workers also brought asbestos dust home on their clothes, which exposed their spouses and children to the toxic mineral too.

While railroad companies were aware of asbestos' dangers as of 1935 however, they continued to use asbestos in their trains until the 1980s and 1990s. Unfortunately, many of these workers are now suffering from life-threatening diseases because of years of exposure to asbestos.

Asbestos victims typically file FELA claims against the makers of the asbestos-containing equipment they worked on. The manufacturers could be held accountable for not warning of the risks associated with their products, and for manufacturing asbestos-containing material that was found to be dangerous.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake plant in which the deceased's nephew worked. The family alleges the deceased's uncle would often bring his asbestos-covered work clothing at home, and his children would roughhouse him while he was wearing these clothes. This lapse of care led to the mesothelioma which killed the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers lose the time they been able to enjoy retirement and their final years of life. These cases are a way to hold accountable businesses that blatantly ignored the safety and health of their employees in order to maximize their own profits.

Asbestos lawsuits against railroads resulted in compensations for families of injured workers. Since a clearly-defined injury must be shown to be able to bring the possibility of a FELA case, thousands of railroad workers who have not been diagnosed with an asbestos-related disease may not be able to make claims. This is a clear violation of the underlying principle of tort law, which is to compensate those who suffer as a result of other' actions.

State Law Claims

While federal law is the foundation for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos lawyers can handle claims under a variety of statutes and laws in order to ensure injured workers receive the compensation they need.

Asbestos was widely used in railway components such as steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which created asbestos dust which could be inhaled by workers. The asbestos dust may also be ingested, causing lung problems such as mesothelioma.

If railroad workers contract mesothelioma or other asbestos-related diseases, they can 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 before state courts which are where juries and judges possess vast experience in determining the amount of compensation for mesothelioma sufferers. State courts also have priority to cases and advance filing by living victims.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She sued the companies that made the asbestos-containing equipment she used to work on. Her family was unable prevail because the Supreme Court ruled her state-law claim preempted FELA.

The company that manufactured the asbestos-containing products for which she worked filed an application for a summary judgment. They asserted that her state law claim was invalid because it did not allege that the company was aware of the dangers that come with the use of asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families get the compensation they deserve. His extensive experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in verdicts and settlements 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 handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the design and construction of railroads. It was also deadly for railroad workers who were exposed to the toxic substance. The material is tough and can endure extreme heat, but these qualities are what make it dangerous for those who work with them.

Due to the toxins found in asbestos, it could take decades for symptoms such as mesothelioma or lung cancer to develop. These diseases can be extremely expensive for the victims and their families since they require medical treatment and must deal with their physical and emotional suffering. Fortunately, asbestos-related diseases can receive compensation through various sources.

A mesothelioma lawyer is the most common way that injured railroad workers are able to receive financial compensation. The claims can be filed in federal court or state courts in which the railroad company is. Injured victims must prove their employer was negligent and they are entitled to financial compensation.

Unlike most other workplace injuries railroad workers do not have access to the traditional workers compensation system in a majority of states. They are instead qualified to file an action against their employers under the protections of FELA.

This kind of claim is a civil lawsuit where the victim must show that the negligence of their employer led to their mesothelioma or another injury. However, a recent case brought to the Supreme Court highlights a roadblock facing some railroad workers who try to make their employers accountable for the exposure they have to asbestos.

In this particular case, the family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA which overrides state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk to an attorney about their particular situation so they can ensure all of their legal rights are secured.