Railroad Asbestos Claims
Railroad workers often used or worked with asbestos-containing products because it was a robust and heat-resistant material. However, the same characteristics made asbestos a deadly and toxic material for those who came in contact with it.
Most often, railway workers would carry asbestos dust particles that are deadly with them on their clothing and in their hair. This could put their families in danger as well.
Federal Employers Liability Act
Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material that can cause a variety of health problems such as cancer. Fortunately railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but it is filed against an employer, not the defendant in a criminal case.
The FELA is a federal law that was passed in 1908 to safeguard railroad workers who were injured on the job. FELA differs from state workers' compensation laws in that it covers workers injured on the job due to the negligence of their employers. It also allows railroad employees to file claims for certain diseases like mesothelioma.
A number of railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations like Amtrak and Transtar as well as local state and municipal railroads. Railroad employees are able to sue these companies under FELA and also manufacturers of asbestos-containing items like boilers, locomotive parts, and railcar siding.
In addition to the federal law, some states have their own worker's compensation programs. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This allows families to seek compensation from a variety of sources to pay for medical bills, lost wages and other expenses.
When submitting an FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy's lawyers have a wealth mesothelioma expertise and can assist you in getting maximum 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 laborer who regularly brought asbestos dust home on his clothes and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case, and the family was awarded a significant mesothelioma payout.
Understanding the statute of limitations and your rights in a settlement is essential in an FELA case. Railroads that are defending themselves often attempt to reduce the amount they pay to victims by claiming that they cannot prove that the illness is directly connected to their work-related exposure. It is essential to seek the legal advice of a knowledgeable railroad lawyer.
Asbestos Manufacturers
For decades railroad workers have been suffering from the effects of asbestos exposure. Rail is still an integral part of freight transport, even though cars are the most popular mode of transport for passengers. Asbestos has been used in the railroad industry for decades to insulate engine parts, pipes, and other automobile components.
Rail workers are often exposed to asbestos through their work with equipment that they service and repair. Workers brought asbestos dust home on their clothing, which exposed their families to the toxic mineral.
While railroad companies knew of the dangers of asbestos by 1935 however, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, a lot of these workers have now developed life-threatening illnesses as a result of their exposure to the hazardous mineral.
Asbestos victims frequently file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. These manufacturers may be held responsible for not advising of the risks associated with their products, or for producing asbestos-containing material that was recognized as dangerous.
Beaumont asbestos lawsuit was sued by the family of the BNSF railroad employee who died from mesothelioma. The company was the owner of the brake manufacturing plant where the uncle of the deceased was employed. The family alleges the deceased's Uncle often brought his asbestos-covered work clothing to his home and that his children would slap him while they saw him in these clothes. This lapse in judgment led to mesothelioma cancer that killed the family member.
When asbestos-related illnesses like mesothelioma are discovered workers are deprived of the time they had to enjoy retirement and the final years. These cases hold accountable companies that flagrantly disregarded the health and safety of dedicated railroad employees to maximize their own profits.
Asbestos lawsuits filed against railroad companies have resulted in compensation claims for injured workers and their families. Since a clear injury must be proven to be able to bring the possibility of a FELA case, thousands of railroad workers who have not suffered from an asbestos-related illness might not be able to file a claim. This is clearly in violation of the basic principle of tort law, which is 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 filed against railroad workers, state laws may provide additional protections. Asbestos lawyers can deal with claims under different statutes and laws in order to ensure injured workers receive the compensation they need.
Asbestos was used in various railway components including locomotive engines, brakes, and steam boilers. Many of these components required cutting or machining which produced airborne asbestos dust that could be breathed in by workers. This asbestos dust can also be ingested, causing lung diseases 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 as well as the producers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. State courts also have priority to cases that are filed by living mesothelioma victims.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products she worked on. However her family was not able to prevail because the Supreme Court ruled that her state law claim was preempted by FELA.
The company that made the asbestos-containing equipment that she worked on filed a motion for summary judgment in support of her state-law claim was not valid since it did not state that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families get the compensation they are entitled to. His extensive background 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 recover damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was used extensively in the construction of railroads, especially in diesel- and steam-powered trains. Unfortunately, it also proved to be very deadly for railway workers who were exposed to the toxic substance. The material is strong and is able to withstand extreme heat, but these characteristics make it dangerous for the people who work with them.
Due to the toxins present in asbestos, it can take decades for signs such as mesothelioma or lung cancer to show up. These conditions can be extremely expensive for families and victims who require medical treatment and have to endure physical pain and emotional trauma. Asbestos-related diseases can be compensated by a variety of sources.
A mesothelioma lawyer is the most commonly used way that injured railroad workers can receive financial compensation. The claims can be filed in federal courts or state courts in which the railroad company is. A victim of injury must prove that the negligence of their employer caused their injury and they are owed financial compensation.
In contrast to other types of workplace injuries railroad workers don't have access to the traditional workers' compensation system in most states. They can sue their employers for compensation under FELA protections.
This is a civil action where the injured person has to prove that the negligence of their employer caused their mesothelioma or other injuries. However, a recent case that was brought before the Supreme Court highlights a roadblock for railroad workers who try to make their employers accountable for exposure to asbestos.
In this case, the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA which goes over state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their specific situation with an experienced attorney to better ensure that their legal rights are protected.