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10 Railroad Asbestos Claims-Related Projects To Stretch Your Creativity
Railroad Asbestos Claims

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

Rail employees often brought asbestos dust particles to their homes on their clothes or in their hair. This could also put their families at risk.

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed to. Asbestos can cause cancer as well as other health issues. Fortunately, railroad workers can claim compensation from their employers 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 a criminal case.

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 at work due to their employer's negligence. It also allows railroad employees to file claims against certain diseases like mesothelioma.

Several 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 workers can sue these companies under FELA as well as manufacturers of asbestos-containing products, such as boilers, locomotive parts and railcar siding.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related mesothelioma patients are able to file state law claims as well as FELA claims. This permits families to seek compensation from various sources to help pay medical bills, lost wages, and other costs.

When filing an FELA claim it is crucial to choose 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, a shareholder at the firm represented an individual whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was an employee who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family received an extensive mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial in a FELA case. Railroads that are defending themselves often attempt to reduce the amount paid out to a victim by claiming that they can't prove that their illness is directly related to their work-related exposure. claim for asbestos is why it is so important to seek legal assistance from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for years. Rail remains an important part of freight transportation, even though automobiles are now the most popular mode of travel for passengers. Asbestos was used in the railroad industry for decades to insulate engine parts, pipes, and other automobile components.

In many instances railroad workers were exposed to asbestos due to working contact with the equipment they were servicing or fixing. Workers wore asbestos dust on their clothing, which exposed their families to the harmful mineral.

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

Asbestos victims typically have to file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held accountable for their failure to warn of the dangers of their products as well as for producing asbestos-containing materials that were found to be dangerous.

For example, the family of a BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the uncle who died was employed. 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 when he was wearing asbestos-covered work clothes. This negligence led to the mesothelioma which killed the family member.

When asbestos-related diseases like mesothelioma are discovered workers are deprived of the time they had to enjoy retirement and the final chapters in life. These cases bring to justice businesses that blatantly ignored the health and safety of dedicated railroad employees to maximize their own profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Unfortunately, because a showing of manifest injury is required to file an FELA claim, many healthy railroad workers who do not develop an asbestos-related disease might be unable to make such claims. This is a clear infringement of the tort law principle that compensates those who suffer due to others' actions.

State Law Claims

While federal law is the foundation for most asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to handle claims under different statutes and laws in order to ensure injured workers receive the compensation they need.


Asbestos was employed in a variety of railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was generated by machining and cutting many of these components, which workers could breathe in. The asbestos dust can be ingested, causing lung issues like mesothelioma.

If railroad workers develop mesothelioma, or any other asbestos-related diseases, they can bring a state-law suit against their employers and the manufacturers of the products which exposed them to asbestos. These claims are brought before state courts, where judges and juries possess vast experience in determining the compensation for mesothelioma patients. In addition, state courts frequently give priority to and quickly forward cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment that she worked on. Her family was not able to win because the Supreme Court ruled her state-law claim preempted FELA.

The company that manufactured the asbestos-containing products on which she worked filed an application for a summary judgment. They asserted that her state law claim was not valid since it did not claim the manufacturer knew of the risks associated with using asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the loved ones of those people receive the compensation they deserve. His vast experience in FELA cases - including those involving asbestos - has helped him to secure millions of dollars for his clients through verdicts and settlements. He is committed to helping railroad workers injured and their families recover damages from the parties responsible for their injuries and illnesses, such as 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, particularly in diesel- and steam-powered trains. However, it proved to be extremely deadly for many railway workers who were exposed to the toxic material. The material is durable and is able to endure extreme heat, but these characteristics makes it dangerous for people who work with them.

Due to the toxins present in asbestos, it may take decades for signs such as mesothelioma or cancer to develop. These illnesses can be extremely expensive for the victims and their families since they need medical treatment and are faced with physical and emotional suffering. Asbestos-related diseases can be compensated by a variety sources.

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

Unlike most other workplace injuries railroad workers don't have access to the standard workers' compensation system in most 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 in which the person who has suffered injury must show that their employer's negligence caused their mesothelioma, or another injury. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers accountable for exposing them asbestos.

In this case the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based upon FELA which goes over state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their particular circumstances with an experienced attorney to better ensure all legal rights are protected.

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