Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing materials because it was a durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly for those who came in contact with it.

Often, rail employees would take deadly asbestos dust fibers home with them on their clothing and in their hair. This could also put their families in danger.


Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos is a hazardous material which can cause illnesses such as cancer. Fortunately, railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, with the exception that it is filed against an employer, not a defendant as in the case of a criminal.

The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA is different than the state's worker's compensation laws, because it protects employees who suffer injuries on the job because of the negligence of their employers. Additionally, railroad employees are able to file claims for certain illnesses such as mesothelioma.

Several railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad employees 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, a few states have their own worker's compensation programs. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from various sources in order to help pay medical expenses, lost income and other expenses.

It is essential to choose an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can help you obtain maximum compensation for your injuries. Ken Danzinger, shareholder at the firm, represented a family of a man who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothing and in his hair, and he developed mesothelioma in 2012. Ken was able to speed up the case and the family was awarded a significant mesothelioma compensation.

Understanding the statute of limitation and your rights in a settlement is crucial when deciding on a FELA case. The railroads that are defending themselves often attempt to cut the amount they pay to a victim, by claiming they are unable to prove that the illness was directly caused by their exposure to the work environment. It is important to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have suffered from the effects of asbestos exposure. While cars are now surpassing trains for the majority of passengers however, the rail system remains an essential element of freight transportation. Asbestos was employed throughout the railroad industry to shield trains, pipes and car components.

In many cases, railroad workers were exposed to asbestos from work-related contact with equipment they were servicing and repairing. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral.

While railroad companies knew of asbestos' dangers as of 1935 however, they continued to use asbestos on their trains through the 1980s and 1990s. Sadly, many of these workers have now developed life-threatening illnesses as a result of years of occupational exposure to asbestos, a dangerous mineral.

Asbestos victims typically have to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. They can be held accountable for their failure to warn of the dangers of their products, and for producing asbestos-containing products that were known to be dangerous.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant in which the nephew of the deceased worked. The family alleges that the deceased's uncle regularly brought his work clothing to his home, and if the clothes were on, his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothes. This negligence caused the mesothelioma cancer that caused the death of the family member.

When asbestos-related diseases like mesothelioma are diagnosed workers are deprived of the time they been able to enjoy retirement and their final years. These cases bring to justice corporations that have blatantly disregard for the safety and health of railroad workers to maximize their own profits.

Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Since a demonstration of injury that is manifest is required to file a FELA claim, many seemingly healthy railroad workers who do not develop an asbestos-related disease might not be able to bring an claim. This is a clear infringement of the tort law principle that compensates those who suffer due to the actions of others.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, a few railroad workers are covered by state law that may provide additional legal protections. Asbestos attorneys can deal with claims under a range of different laws and statutes to ensure injured workers and their families receive the amount of compensation they are entitled to.

Asbestos was utilized in a variety of railway components including locomotive engines, brakes, and steam boilers. Many of these components required cutting or machining which produced airborne asbestos dust which could be inhaled by workers. This asbestos dust can also be inhaled, causing lung diseases like mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related illnesses, they can file a state-law claim against their employers and the manufacturers of the products that exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the proper compensation for mesothelioma victims. Additionally, state courts often give priority to and speedily forward cases filed by living plaintiffs.

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

The company that made the asbestos-containing products on which she worked filed an application for a summary judgment. They claimed that her state law claim was not valid because it did not state that the manufacturer was aware of the risks associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they deserve. His vast experience in FELA cases - including those involving asbestos - has allowed him to obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers and their families obtain damages from those accountable for their injuries, illnesses and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railways. Clarksville asbestos attorneys caused serious harm to the railway workers who were exposed the toxic substance. The material is very durable and can withstand huge amounts of heat. However these properties are what make it hazardous for workers who work with it.

Due to the toxins found in asbestos, it can take years for the symptoms like mesothelioma and lung cancer to develop. These diseases can be extremely expensive for families and victims because they require medical treatment and have to endure physical and emotional pain. Asbestos-related ailments can be paid by a variety of sources.

The most popular method for railroad workers injured to receive financial compensation is through the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal court or state courts close to the railroad company. A victim of injury must be able to demonstrate that the negligence of their employer caused their injury and they are entitled to financial compensation.

As opposed to other types of workplace injuries, railroad workers do not have access to the traditional workers' compensation system in most states. They are instead eligible to file an action against their employers under the protections of FELA.

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

In this case, the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from moving forward because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is still important that railroad workers who have been injured speak with an attorney about their specific circumstances so that they can ensure that their legal rights are protected.