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7 Things You Never Knew About Railroad Asbestos Claims
Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often due to its durability and heat-resistant material. These same qualities also made asbestos toxic and deadly to those who came in contact with it.

Rail employees often brought asbestos dust particles home on their clothing or in their hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injuries lawsuit, with the exception that it is filed against an employer rather than an individual defendant like in the case of a criminal.

The FELA is an act of the federal government that was adopted in 1908 to safeguard railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers workers who are injured at work because of their employer's negligence. It also allows railroad workers to file claims when they suffer from certain diseases such as mesothelioma.

Over the years, several railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroads that have been involved in asbestos litigation over the years. Railroad workers may sue these companies as well as producers of asbestos-containing items like locomotive parts or boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related mesothelioma victims can file state law claims as well as FELA claims. This permits families to seek compensation from multiple sources in order to help pay medical bills, lost income and other expenses.

It is important to hire a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm, represented the family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a worker who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case, and the family received an extensive mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential when dealing with a FELA case. The railroads that are defending themselves often attempt to cut the money that is paid to the victim, claiming they cannot prove the illness was caused directly due to their exposure at work. This is why it is important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

For decades, railroad workers have been suffering from asbestos exposure for years. Rail is still a vital component of freight transport even though cars are the most preferred mode of travel for passengers. Asbestos has been utilized in the railroad industry for decades to insulate engine parts pipes, and other automobile components.

Rail workers are frequently exposed to asbestos through their work with the equipment they service and repair. Workers brought asbestos dust home on their clothing, which exposed their families to the harmful mineral.

While railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses because of years of occupational exposure.

Asbestos victims frequently are required to file FELA claims against the makers of the asbestos-containing equipment they used. The manufacturers could be held accountable for their failure to warn consumers about the dangers of their products as well as for manufacturing asbestos-containing materials that were found to be dangerous.

For example, the family of a BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant at which the nephew of the deceased worked. The family claims that the deceased's Uncle often brought his asbestos-covered work clothing home and his children would beat him while he was wearing these clothes. This lapse in judgment led to mesothelioma cancer that killed the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers lose the time they enjoyed retirement and the final years of life. These cases bring to justice companies that flagrantly disregarded the safety and health of their employees in order to maximize their own profits.


Asbestos suits against railroad companies resulted in compensation for injured workers and families. Since a demonstration of injury that is manifest is required to file a FELA claim, many seemingly healthy railroad workers who do not suffer from an asbestos-related illness may be unable to make such a claim. This is an obvious violation of the underlying principle of tort law, which is to compensate people who suffer due to the actions of 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 handle claims under various statutes and laws to help injured workers receive the compensation they deserve.

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

When railroad workers suffer from mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers and the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining appropriate amount of compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly move cases brought by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing products she worked on. Her family was unable prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that manufactured the asbestos-containing equipment she worked on filed a motion for summary judgement and argued that her state law claim was not viable because it did not allege that the manufacturer was aware of the risks 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 get the compensation they deserve. His vast experience in FELA cases which 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 obtain damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction of railroads, specifically in diesel and steam-powered trains. It was also deadly for the railway workers who were exposed the toxic substance. The material is very durable and capable of withstanding immense amounts of heat; however, these qualities are exactly the reason it is dangerous to people who work with it.

It could take years for mesothelioma symptoms and lung cancer to show up due to the toxins that are found in asbestos. These conditions can be very expensive for patients and their families since they require medical treatment and have to deal with their physical and emotional suffering. Fortunately, victims of asbestos-related diseases are eligible for compensation from various sources.

A mesothelioma lawyer is the most common way that injured railroad workers can receive financial compensation. The claims can be filed in federal court 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.

Unlike most other types of workplace injuries railroad workers do not have access to the typical workers' compensation system in most states. Railroad workers are able to sue their employers for compensation under FELA protections.

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

In YouTube , 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 this lawsuit from going forward because the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak to an attorney regarding their particular circumstances so they can ensure all of their legal rights are protected.

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