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Railroad Asbestos Claims Tips That Will Revolutionize Your Life
Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials because it was a robust and heat-resistant material. However, the same characteristics made asbestos toxic and deadly for those who came in contact with it.

Rail workers often carried asbestos dust particles to their homes on their clothes or in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railroad workers are exposed. Asbestos is a dangerous material which can cause illnesses including cancer. Fortunately, railroad employees can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, except that it is filed against an employer rather than an individual defendant like in a criminal case.


The FELA is a federal law that was enacted in the year 1908 to protect railroad workers injured on the job. FELA is different than the state's laws on worker's compensation, as it covers employees who are injured at work due to the negligence of their employers. It also permits railroad workers to file claims against certain illnesses such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as local state and municipal railroads. Railroad workers can 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 sufferers are able to file state law claims as well as FELA claims. This permits families to seek compensation from a variety of sources to pay for medical bills, lost wages and other costs.

It is important to hire a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers possess vast knowledge in mesothelioma and can assist you in getting the maximum amount of 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 until 1959 as a scrapper of steam engines. He was an employee who carried 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 important mesothelioma payout.

Understanding the statute of limitation and your rights in a settlement is crucial in a FELA case. Railroads who are defendants frequently try to limit the amount paid out to a victim by claiming that they cannot prove that their illness is directly linked to their exposure at work. It is important to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered from the effects of asbestos exposure for decades. Although cars now outnumber trains for the majority of passengers, the rail network remains a vital part of freight transportation. Asbestos has been utilized in the railroad industry for decades to insulate engine parts pipes and automobile components.

Rail workers are often exposed to asbestos through their working with equipment they service and repair. Workers brought asbestos dust home on their clothing, exposing their families to the poisonous mineral.

While railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ asbestos on their trains through the 1980s and 1990s. Unfortunately, a lot of these workers are currently suffering from serious illnesses as a result years of exposure to asbestos.

Asbestos victims typically file FELA claims with the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held liable for not warning about the dangers that could be posed by their products, or for producing asbestos-containing material that was found to be harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died of mesothelioma. The company owned the brake manufacturing plant in which the uncle who died worked. You Tube claims that the deceased's uncle often brought work clothes at home, and that when the clothes were on, his children would play with him and roughhouse him while wearing asbestos-covered work clothing. This lapse in judgment led to mesothelioma cancer that caused the death of the family member.

When workers are diagnosed with asbestos-related diseases such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold companies accountable for having flagrantly neglected the safety and health demands of railroad workers in order to maximize profits.

Asbestos lawsuits against railroads resulted in compensations for families of injured workers. Since a clear injury has to be proved to bring a FELA case, countless railroad workers who never developed an asbestos-related illness may not be able make a claim. This is clearly in violation of the underlying principle of tort law, which is to provide compensation for those who suffer because of 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 manage claims under a variety of laws and statutes to ensure that injured workers and their families receive the compensation they deserve.

Asbestos was widely used in railway components like steam boilers, locomotive engines and brakes. Asbestos dust was created by cutting and machining many of these parts, which workers could breathe in. The asbestos dust can be inhaled and cause lung problems like mesothelioma.

If railroad workers contract mesothelioma, or other asbestos-related illnesses, they can bring a state-law suit against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed before state courts where juries and judges have vast experience in determining the amount of compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly move cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welding worker for PATCO Railroad. She sued the companies that made the asbestos-containing equipment that she worked on. The family was not able to win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing products for which she worked, filed a motion for a summary judgment. They argued that her state law claim was invalid because it did not state that the company was aware of the dangers associated with using asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their loved ones obtain the compensation they deserve. His extensive background in FELA cases that include asbestos exposure, has helped him secure millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction and design of railways. It also caused serious harm 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 exactly the reason it is dangerous to workers who work with it.

Due to the toxins present in asbestos, it can take years for the symptoms like mesothelioma and lung cancer to show up. These diseases can be extremely expensive for patients and their families, as they require medical treatment and must deal with their physical and emotional suffering. Fortunately, victims of asbestos-related illnesses are eligible for compensation from various sources.

A mesothelioma lawyer is the most common method by which railroad workers injured are able to receive financial compensation. The claims can be filed in federal court or state courts where railroad companies are located. Injury victims must prove that their employer was negligent and that they have the right to financial compensation.

Railroad workers are not covered under the standard workers compensation system in a lot of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This type of claim is a civil suit where the injured person must show that the negligence of their employer led to their mesothelioma or other ailment. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them to asbestos.

In this case, the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. The Supreme Court's decision 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 protected.

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