Railroad Asbestos Claims
Railroad workers often utilized or worked around asbestos-containing materials due to its durable and heat-resistant material. However, the same characteristics made asbestos toxic and deadly for anyone who came into contact with it.
Often, rail employees often carry deadly asbestos dust fibers home on their clothes and in their hair. This could also put their families at risk.
Federal Employers Liability Act (FELA)
Railroad workers are frequently exposed to asbestos. Asbestos is known to cause cancer and other health issues. Thankfully, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer rather than an individual defendant as in criminal cases.
The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state's worker's compensation laws as it covers employees who suffer injuries on the job because of their employers negligence. It also allows railroad employees to file claims if they suffer from certain diseases, such as mesothelioma.
Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroads that have been involved in asbestos litigation over the years. Railroad workers can sue these companies under FELA as well as manufacturers of asbestos-containing items like boilers, locomotive parts and railcar siding.
Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma patients 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 income, and other expenses.
When filing an FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who 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 until 1959 as a scrapper of steam engines. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair, and he developed mesothelioma in 2012. Ken was able to speed up the case, and the family received a significant mesothelioma payout.
It is important to be aware of the statute of limitations and your rights to a settlement when dealing with an FELA claim. Railroads that defend themselves often try to reduce the money that is paid to a victim, by claiming they are unable to prove that the illness was caused directly by their exposure on the job. It is important to seek legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
For decades railroad workers have been suffering from asbestos exposure for years. Although cars now outnumber trains for most passengers however, the rail system remains an essential element of freight transportation. Asbestos has been utilized in the railroad industry for many years to insulate engine parts, pipes and automobile components.
Rail workers are often exposed to asbestos through their work with the equipment they service and repair. Workers brought asbestos dust home on their clothing, exposing their families to the harmful mineral.
Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the material on their trains through the 1990s and into the 1980s. Sadly, many of these workers have developed life-threatening illnesses as a consequence of years of occupational exposure to asbestos, a dangerous mineral.
Asbestos victims frequently have to file FELA claims with the makers of asbestos-containing equipment on which they worked. They can be held accountable for their failure to warn about the dangers of their products, and for manufacturing asbestos-containing materials that were known to be harmful.
Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company was the owner of the brake manufacturing plant where the uncle who died worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothes to his home and that his children would slap him when they saw him in these clothes. This negligence caused the mesothelioma cancer that caused the death of the family member.
If workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases are a way to hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to maximize their own profits.
Asbestos suits against railroad companies resulted in compensation for families of injured workers. However, since a proof of a manifest injury is required to bring an FELA claim, many seemingly healthy railroad workers who don't suffer from an asbestos-related illness may be unable to file an claim. This is clearly in violation of the underlying principle of tort law, which is to compensate those who suffer due to the actions of others' actions.
State Law Claims
While federal law is the foundation for many asbestos lawsuits, certain railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can deal with claims under different statutes and laws in order to help injured workers receive the compensation they deserve.
Asbestos was used extensively in railway components like steam boilers, locomotive engines and brakes. Asbestos dust was created by cutting and machining many of these components, and workers could breathe in. The asbestos dust could be ingested and cause lung issues such as mesothelioma.
When railroad workers suffer from mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers and the producers of the products that exposed them asbestos. These claims are brought before state courts where juries and judges possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts typically offer priority to and swiftly forward cases filed by living plaintiffs.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma after working as a welder for PATCO Railroad. She sued the companies who made asbestos-containing products she worked with. Her family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.
The company that produced the asbestos-containing equipment she worked on filed a motion for summary judgment in support of her state-law claim was unconvincing 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 helps people and their families receive the compensation they deserve. Santa Maria asbestos lawyers in FELA cases which include asbestos exposure, has helped him obtain millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families collect damages from those accountable for their illnesses, injuries, and mesothelioma. He has successfully handled railroad injury claims 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 also posed a threat to the railway workers who were exposed the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat; however, these qualities are exactly what make it hazardous for people who work with it.
It could take years for symptoms like mesothelioma and lung cancer to show up because of the toxins in asbestos. These diseases can be extremely expensive for families and victims because they require medical treatment and have to bear the physical and emotional pain. Fortunately, victims of asbestos-related illnesses are eligible for compensation through various sources.
The most common method for railroad workers injured in an accident to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal court, or state courts located near the railroad company. A victim of injury must prove that their employer's negligence caused their injury, and they are owed financial compensation.
As opposed to other workplace injuries railroad workers do not have access to the traditional workers compensation system in the majority of states. These workers can sue their employers under FELA protections.
This kind of claim is a civil action where the victim must prove that their employer's negligence caused mesothelioma or other ailment. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers accountable for exposing them to asbestos.
In this particular instance, a family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop 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 nonetheless essential that railroad workers who are injured speak to an attorney about their particular circumstances so they can ensure all of their legal rights are protected.