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Why Railroad Asbestos Claims Is Fast Becoming The Hot Trend Of 2023
Railroad Asbestos Claims

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

Rail workers often brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families in danger.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, however, it is filed against the employer, not the defendant in criminal cases.

The FELA is a federal law passed in 1908 to safeguard railroad workers injured on the job. FELA differs from state's worker's compensation laws since it covers workers who are injured on the job due to the negligence of their employers. It also allows railroad employees to file claims if they suffer from certain ailments, such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads that have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing products 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 permits families to seek compensation from a variety of sources to help pay medical bills, lost wages, and other costs.

It is important to hire an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can assist you in obtaining the most compensation for your injury. 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 an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to expedite the case, and the family received an enormous mesothelioma settlement.

It is essential to understand the statute of limitations and your rights to a settlement when dealing with a FELA claim. The railroads who defend themselves frequently try to cut down on the amount they pay to a victim, by claiming they cannot prove the illness was directly caused due to their exposure to the work environment. This is why it is important to seek legal advice from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered from the effects of asbestos exposure for decades. Rail is still a vital component of freight transportation, even though automobiles are now the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to insulate pipelines, engines and car parts.

Rail workers are often exposed to asbestos because of their working with equipment they repair and service. Workers wore asbestos dust on their clothes, exposing their families to the poisonous mineral.

Railroad companies were aware of asbestos' dangers in 1935, yet they continued to employ the material on their trains into the 1980s and 90s. Sadly, many of these workers have developed life-threatening illnesses as a result of years of occupational exposure to the hazardous mineral.


Asbestos victims frequently file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held liable for failing to warn of the dangers of their products, and for producing asbestos-containing products that were found to be harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died from mesothelioma. The company owned the brake plant in which the nephew who died worked. The family claims that the deceased's uncle often brought his work clothes home, and when they were wearing these clothes, his children would play with the deceased and roughhouse him as wearing his asbestos-covered work clothes. This lapse in judgment led to mesothelioma cancer that killed the family member.


When workers are diagnosed with asbestos-related diseases like mesothelioma, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases bring to justice corporations that have blatantly disregard for the safety and health of dedicated railroad employees to increase their profits.

Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Since a clearly-defined injury must be proven to be able to bring a FELA case, countless railroad workers who have never developed an asbestos-related illness may not be able make claims. This is a clear violation to the tort law principle that compensates the victims of other people's actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law that could provide additional legal protections. Asbestos attorneys can handle claims under a variety of different statutes and laws to ensure injured workers and their families receive the compensation they deserve.

Asbestos was extensively used in railway components, such as locomotive engines, steam boilers and brakes. Many of these components required cutting or machining which produced airborne asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled, which can cause lung diseases like mesothelioma.

If railroad workers contract mesothelioma, or other asbestos-related illnesses, they can make a claim under the state law against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges possess extensive experience in determining compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living mesothelioma patients.

This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welder at PATCO Railroad. She sued the companies that produced the asbestos-containing equipment she used to work on. Her family was unable prevail because the Supreme Court ruled her state-law claim preempted FELA.

The company that manufactured the asbestos-containing equipment that she worked on filed an application for summary judgment, arguing that her state-law claim was not valid because it did not claim that the manufacturer knew the risks of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families receive the compensation they are entitled to. His extensive experience in FELA cases - including those involving asbestos - has helped him to secure millions of dollars for his clients in verdicts and settlements. He is committed to helping railroad workers injured and their families collect damages from those responsible for their ailments and injuries, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, especially in diesel- and steam-powered trains. Unfortunately, it also proved to be very deadly for railway workers who were exposed to the poisonous material. The material is tough and can withstand extreme heat, but these characteristics make it dangerous for the people who work with them.

Due to the toxins present in asbestos, it could take years for the symptoms such as mesothelioma or cancer to develop. These diseases can be extremely expensive for families and victims who require medical treatment and to deal with their physical and emotional pain. Asbestos-related diseases can be compensated by a variety of sources.

The most popular method for injured railroad workers to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal courts, or state courts located near the railroad company. Wyoming asbestos attorneys injured party must prove that their employer was negligent and they have the right to financial compensation.

Railroad workers are not covered by the standard worker compensation system in a lot of states. They can sue their employers for compensation under FELA protections.

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

In this case, the family of a deceased railway employee filed an asbestos lawsuit against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent the lawsuit from proceeding since the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. It is still important that railroad workers who are injured speak with an attorney about their particular circumstances so they can ensure that their legal rights are secured.


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