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10 Healthy Railroad Asbestos Claims Habits
Railroad Asbestos Claims

Railroad workers often used or worked around asbestos-containing materials due to its robust and heat-resistant material. These same qualities also made asbestos poisonous and deadly for those who came into contact with it.

Rail workers often brought asbestos dust particles to their homes on their clothes or in their hair. This could expose their families to danger as well.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but is filed against the employer instead of an individual defendant as in criminal cases.

The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. asbestos related compensation claims differs from state worker's compensation laws in that it covers employees who are injured on the job due to the negligence of their employers. It also allows railroad workers to file claims if they suffer from certain diseases, such as mesothelioma.

Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroads who have been involved in asbestos litigation over the years. Railroad workers could sue these companies as well as producers of asbestos-containing items like locomotive parts and 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 various sources to help pay medical expenses, lost wages and other expenses.

If you are filing an FELA claim it is crucial to work with an experienced attorney. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can help you get the most 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 frequently brought asbestos dust home on his clothing and in his hair. Then, he developed mesothelioma in 2012. Ken was able expedite the case and the family was awarded a significant mesothelioma compensation.

Understanding the statute of limitations and your rights in a settlement are crucial when deciding on a FELA case. Railroads that are defending themselves often attempt to reduce the amount paid to the victim by claiming that they cannot prove that their illness is directly related to the exposure they endured at work. This is why it is so important to seek legal help from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for years. While cars are now surpassing trains for most passenger travel but the rail network is an essential element of freight transportation. Asbestos has been used in the railroad industry for a long time to insulate engine parts, pipes and other components of automobiles.

In many cases railroad workers were exposed to asbestos through working contact with the equipment they were servicing and repairing. Workers also brought home asbestos dust on their clothing, exposing their spouses and children to the harmful mineral as well.

Although railroad companies were aware of the dangers of asbestos by 1935 but they continued to employ asbestos on their trains through the 1980s and the 1990s. Unfortunately, a lot of these workers have now developed life-threatening diseases as a result of years of occupational exposure to the hazardous mineral.

Asbestos victims typically are required to file FELA claims against the manufacturers of the asbestos-containing equipment that they used. The manufacturers could be held liable for failing to warn consumers about the dangers of their products and for manufacturing asbestos-containing materials that were found to be dangerous.

For example the family of the BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant where the deceased's nephew 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 he was wearing asbestos-covered work clothes. This negligence led to the mesothelioma that caused the death of the family member.

When asbestos-related illnesses like mesothelioma are diagnosed, workers lose the time they had to enjoy retirement and their final years. These cases hold the companies accountable for having blatantly neglected the safety and health requirements of dedicated railroad employees in order to maximize profits.

Asbestos suits against railroad companies led to compensations for families and workers who were injured. Since a clear injury must be shown in order to establish the possibility of a FELA case, countless railroad workers who never suffered from an asbestos-related illness might not be able make a claim. This is a clear violation to the tort law principle that pays those who suffer due to others' actions.

State Law Claims

While federal law is the legal basis for most asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to manage claims under a variety of laws and statutes to ensure injured workers and their families get the justice they deserve.

Asbestos was utilized in a variety of railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was generated by cutting and machining many of these components, and workers could inhale. This asbestos dust can also be inhaled, which can cause lung diseases like mesothelioma.

If railroad workers develop 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 in state courts where judges and juries have extensive experience in determining the appropriate compensation for mesothelioma sufferers. 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 contracted mesothelioma as a welder for PATCO Railroad. She filed a lawsuit against the companies that manufactured the asbestos-containing equipment she used to work on. Her family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing equipment that she worked on filed a motion for summary judgement 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 dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they deserve. His vast experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in settlements and verdicts 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 been successful in handling railroad injury claims 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 extremely tough and is able to withstand massive amounts of heat; however these qualities are what make it dangerous for those who work with it.

Due to the toxins present in asbestos, it may take decades for signs like mesothelioma and lung cancer to show up. These diseases can be extremely expensive for the victims and their families, as they need medical treatment and must deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related diseases are eligible for compensation through various sources.

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


As opposed to other workplace injuries, railroad workers do not have access to the standard workers compensation system in a majority of states. Instead, they are eligible to file an action against their employers under the protections of FELA.

This type of claim is a civil suit in which the person who has suffered injury must prove that the negligence of their employer caused their mesothelioma, or other ailment. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers accountable for exposing them to asbestos.

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

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