Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials a lot due to its durability and heat-resistant product. The same characteristics also made asbestos poisonous and deadly to anyone who came in contact with it.
Often, rail employees would carry asbestos dust particles that are deadly with them on their clothes 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 can cause cancer and other health problems. Thankfully, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, with the exception that it is filed against an employer and not an individual defendant like in the case of a criminal.
The FELA is a federal law adopted in 1908 to safeguard railroad workers who are injured on the job. FELA differs from state's worker's compensation laws since it covers workers who suffer injuries on the job because of their employers ' 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 throughout the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers may sue these companies and manufacturers of asbestos-containing goods like locomotive parts or boilers.
Some states have their own programs for workers' compensation in addition to federal law. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from a variety of sources to help pay medical expenses, lost wages and other costs.
It is important to hire an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented the family of a man who worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was an employee who carried asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to expedite the case and the family was awarded a substantial mesothelioma settlement.
Understanding the statute of limitations and your rights in a settlement is essential when dealing with the FELA case. Defendant railroads often try to limit the amount paid out to a victim by claiming that they can't prove that their illness is directly related to their exposure at work. This is why it is important to seek legal assistance from an experienced railroad attorney.
Asbestos Manufacturers
Many railroad workers have been suffering the ravages of asbestos exposure for decades. Although cars now outnumber trains for the majority of passenger travel but the rail network is an essential element of freight transportation. Asbestos has been utilized in the railroad industry for many years to insulate engine parts, pipes and other components of automobiles.
In many cases railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or repair. Workers brought asbestos dust home on their clothing, which exposed their families to the toxic mineral.
Railroad companies were aware of asbestos's dangers in 1935, yet they continued to use the material on their trains into the 1980s and 90s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a consequence of years of occupational exposure to the hazardous mineral.
Asbestos victims typically are required to file FELA claims with the makers of asbestos-containing equipment for which they worked. They can be held liable for failing to warn of the dangers of their products, and for producing asbestos-containing materials that were known to be dangerous.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company was the owner of the brake plant in which the nephew who died worked. The family claims that the deceased's uncle often brought his work clothes to his home, and if he wore these clothes, his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothes. This lapse of judgment led to mesothelioma cancer that caused the death of the family member.
If workers are diagnosed with asbestos-related ailments 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 hold accountable businesses that blatantly ignored the safety and health of railroad workers to maximize their own profits.
Asbestos suits against railroad companies led to compensations for injured workers and families. Since a clearly-defined injury must be shown to bring the possibility of a FELA case, countless railroad workers who have not developed an asbestos-related illness may not be able make a claim. This is a clear violation to the tort law principle of compensation for those who suffer due to the actions of others.
State Law Claims
While federal law is the foundation for most asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can handle claims under different statutes and laws to help injured workers get the compensation they deserve.
Asbestos was extensively used in railway components, such as steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which resulted in the formation of airborne asbestos dust which could be inhaled by workers. The asbestos dust could be ingested and cause lung diseases such as mesothelioma.
If railroad workers develop mesothelioma, or any other asbestos-related diseases, they can bring a state-law suit against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the proper compensation for mesothelioma victims. In addition, state courts frequently give priority to and quickly forward cases filed by living plaintiffs.
This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing equipment she used to work on. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.
The company that made the asbestos-containing equipment she worked on filed an application for summary judgment and argued that her state law claim was unconvincing because it did not allege that the company knew about the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their loved ones of those individuals receive the compensation they are entitled to. His extensive background in FELA cases which include asbestos exposure, has allowed him to achieve millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was widely used in the construction and design of railways. It also posed a threat to the railway workers who were exposed the toxic substance. The material is very durable and capable of withstanding immense quantities of heat. However, these qualities are exactly the reason it is dangerous for people who work with it.
Due to the toxins present in asbestos, it could take years for the symptoms like mesothelioma and lung cancer to manifest. These diseases can be extremely expensive for families and victims, as they require medical treatment and to endure physical pain and emotional suffering. Asbestos-related illnesses can be compensated by a variety sources.
Lawton asbestos lawyers is the most common method through which railroad workers who have been injured can be awarded financial compensation. These lawsuits can be filed in federal court 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.
Unlike most other workplace injuries, railroad workers do not have access to the standard workers' compensation system in most states. These workers can sue their employers under FELA protections.
This is a civil lawsuit where the injured person has to prove that the negligence of their employer caused their mesothelioma or other injuries. However an upcoming case brought to the Supreme Court highlights a roadblock facing some railroad workers who are trying to claim their employers are responsible for exposing them to asbestos.
In this particular case, 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 stop this lawsuit from going forward because the claim is based on FELA which overrides state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific situation with an experienced attorney to better ensure that all legal rights are secured.