Railroad Asbestos Claims
Railroad workers frequently used or worked with asbestos-containing materials because it was a durable and heat-resistant material. However, the same characteristics made asbestos a deadly and toxic material for those who came into contact with it.
Rail workers often carried asbestos dust particles home on their clothing or in their hair. This could also put their families at risk.
Boulder asbestos lawyers (FELA)
Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim functions similarly to a personal injuries lawsuit, except that it is filed against an employer rather than a defendant as in criminal cases.
The FELA was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it protects employees who are injured on the job due to the negligence of their employers. It also allows railroad employees to file claims for specific diseases like mesothelioma.
Over the years, a number of railroad companies have been involved with asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers could sue these companies and manufacturers of asbestos-containing products like locomotive parts or boilers.
In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related victims can make state-law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from multiple sources to pay medical bills, lost wages, and other costs.
It is essential to choose an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can assist you in obtaining the most compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a laborer who frequently brought asbestos dust home on his clothes and in his hair. Then, the cancer was diagnosed in 2012. Ken was able expedite the case and his family was awarded a significant mesothelioma settlement.
It is essential to understand the statute of limitations and your rights to a settlement when dealing with an FELA claim. The railroads that are defending themselves frequently try to cut down on the amount of money paid to a victim, by claiming they are unable to prove that the illness was caused directly due to their exposure to the work environment. This is why it is so important to seek legal help from an experienced attorney for railroads.
Asbestos Manufacturers
Many railroad workers have suffered the effects of asbestos exposure for decades. Although cars now outnumber trains for the majority of passenger travel, the rail network remains an essential element of freight transportation. Asbestos has been used in the railroad industry for decades to insulate engine parts, pipes and other components of automobiles.
Rail workers are often exposed to asbestos as they work with equipment that they service and repair. Workers brought asbestos dust home on their clothes, exposing their families to the harmful mineral.
Railroad companies were aware of asbestos's dangers in 1935, but they continued to use the substance in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result of years of occupational exposure to asbestos, a dangerous mineral.
Asbestos victims typically are required to file FELA claims against the manufacturers of the asbestos-containing equipment they worked on. The manufacturers could be held responsible for failing to warn about the dangers that could be posed by their products, or for manufacturing asbestos-containing material that was known to be harmful.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company was the owner of the brake plant where the deceased's nephew worked. The family alleges that the deceased's uncle often brought work clothes at home, and that when the clothes were on his children would play with the deceased and roughhouse him as wearing his asbestos-covered work clothes. This negligence caused the mesothelioma cancer that killed the family member.
When workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases make companies accountable who have flagrantly disregarding the health and safety demands of railroad workers to maximize their profits.
Asbestos suits against railroad companies resulted in compensation for injured workers and families. Because a manifest injury must be proven to bring an FELA case, many railroad workers who have never been diagnosed with an asbestos-related disease may not be able to make a claim. This is a clear infringement of the tort law principle that compensates those who suffer as a result of the actions of others.
State Law Claims
While federal law is the legal basis for most asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos lawyers can handle claims under a variety of different statutes and laws to ensure injured workers and their families get the compensation they deserve.
Asbestos was used extensively in railway components such as locomotive engines, steam boilers and brakes. Asbestos dust was generated through cutting and machining of these parts, which workers could inhale. The asbestos dust could be inhaled and cause lung issues such as mesothelioma.
If railroad workers develop mesothelioma, or any other asbestos-related diseases, they can file a state-law claim against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed before state courts which are where juries and judges have extensive experience in determining compensation for mesothelioma sufferers. In addition, state courts frequently give priority to and quickly move cases filed by living plaintiffs.
Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing equipment that she worked on. Unfortunately her family was not able to prevail because 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 an application for a summary judgment. They claimed that her state law claim was invalid because it did not state that the company was aware of the dangers associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their loved ones obtain the compensation they are entitled to. His vast experience in FELA cases including asbestos cases - has allowed him to secure millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers and their families obtain damages from those responsible for their injuries, illnesses and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively used in the construction of railroads, especially in diesel and steam-powered trains. However, it proved to be extremely dangerous for the railway workers who were exposed to the poisonous substance. The material is very durable and is able to withstand massive amounts of heat. However these properties are what make it hazardous to workers who work with it.
Due to the toxins found in asbestos, it may take years for the symptoms such as mesothelioma or cancer to show up. These conditions can be extremely costly for victims and families, as they require medical treatment and to deal with their physical and emotional pain. Asbestos-related ailments can be paid by a variety sources.
The most popular method for injured railroad workers to receive financial compensation is through an action filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal courts or state courts where the railroad company is. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.
Railroad workers are not covered by the standard worker compensation system in a number of states. These workers can sue their employers under FELA protections.
This type of claim is a civil lawsuit where the injured person must prove that the negligence of their employer caused mesothelioma or other injury. However the recent case that was brought to the Supreme Court highlights a roadblock that railroad workers face when they try to hold their employers accountable for the exposure they have to asbestos.
In this particular instance, an individual from the family of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which overrules 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.