Notes

Why Railroad Asbestos Claims Will Be Your Next Big Obsession
Railroad Asbestos Claims

Railroad workers frequently used or worked around asbestos-containing materials due to its durable and heat-resistant substance. The same properties also made asbestos toxic and deadly for those who came into contact with it.


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

Federal Employers Liability Act

Asbestos is a dangerous material that railroad workers are exposed. Asbestos is known to cause cancer and other health issues. Fortunately, railroad employees can seek 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 the defendant in a criminal case.

The FELA is a federal law enacted in the year 1908 to protect railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers workers who are injured at work due to their employer's negligence. It also permits railroad workers to file claims for certain illnesses such as mesothelioma.

Over the years, many railroad companies have been involved with asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing products such as boilers, locomotive parts and railcar siding.

In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma victims can file state law claims as well as FELA claims. This allows families to pursue compensation from various sources to pay medical bills, lost income and other expenses.

It is important to hire an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can help you obtain 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 with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case, and the family received a substantial mesothelioma settlement.

It is essential to understand the statute of limitations and your rights to an agreement when you are dealing with a FELA claim. Railroads that are defending themselves often attempt to limit the amount they pay to victims by claiming that they cannot prove that their illness is directly linked to the exposure they endured at work. It is essential to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For decades, railroad workers have been suffering from asbestos exposure for years. Although cars have now surpassed trains for the majority of passengers however, the rail system remains an essential component of freight transportation. Asbestos was employed throughout the railroad industry to shield pipelines, engines and car parts.

Rail workers are often exposed to asbestos because of their work with the equipment they repair and service. Workers also brought home asbestos dust on their clothes, which exposed their children and spouses to the toxic mineral as well.

Railroad companies were aware of asbestos' dangers in 1935, but they continued to use the substance in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result years of occupational exposure.

Asbestos victims frequently have to file FELA claims against the makers of the asbestos-containing equipment they worked on. The manufacturers could be held liable for not warning about the dangers that could be posed by their products, as well as for producing asbestos-containing material that was found to be harmful.


For example, the family of a BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant at which the nephew of the deceased worked. The family alleges that the deceased's uncle frequently brought work clothes to his home, and if he wore these clothes his children would play with him and roughhouse him while wearing asbestos-covered work clothes. This negligence caused the mesothelioma which caused the death of the family member.

When asbestos-related diseases such as mesothelioma is diagnosed workers lose the time they would have been able to enjoy retirement and the final chapters in life. These cases are a way to hold accountable companies that flagrantly disregarded the safety and health of their employees in order to increase their profits.

Asbestos suits against railroad companies resulted in compensations for families of injured workers. Unfortunately, because a showing of injury that is manifest is required to file a FELA claim, many healthy railroad workers who do not get sick due to asbestos may be unable to make such a claim. This is a clear violation of the underlying principle of tort law: to provide compensation for those who suffer due to the actions of others' actions.

State Law Claims

While federal law is the foundation for most asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos attorneys can manage claims under a variety of laws and statutes to ensure that injured workers and their families get the justice they deserve.

Asbestos was used in a variety of railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was produced through cutting and machining of these components, and workers could breathe in. The asbestos dust may also be ingested, causing lung diseases like mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses, they may have state-law claims against their employers as well as the producers 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 compensation for mesothelioma sufferers. In addition, state courts frequently give priority to and quickly move cases filed by living plaintiffs.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing products she worked on. Yakima asbestos attorney was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA.

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

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

Compensation

Asbestos was extensively utilized in the construction and design of railroads. It was also deadly for many railway workers exposed to the toxic substance. The material is tough and can endure extreme heat, but these characteristics makes it dangerous for people who work with them.

It can take years for mesothelioma-related symptoms and lung cancer to manifest because of the toxins in asbestos. These diseases can be extremely costly for victims and their families as they require medical treatment and must deal with their physical and emotional pain. Fortunately, asbestos-related illnesses are eligible for compensation through various sources.

A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured are able to receive financial compensation. These 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 that they have the right to financial compensation.

Railroad workers aren't covered by the standard workers compensation system in a number of states. These workers can sue their employers for compensation under FELA protections.

This type of claim is a civil action where the victim must show that their employer's negligence led to their mesothelioma or another injury. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them to asbestos.

In this case the family of a deceased railway worker filed an asbestos lawsuit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from progressing since the claim is based on FELA which overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney about their specific circumstances so that they can ensure all of their legal rights are protected.


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