Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot because it was a tough and heat-resistant material. These same qualities also made asbestos toxic and deadly to those who came into contact with it.

Rail employees often brought asbestos dust particles home on their clothing or in their hair. This could put their families at risk.

Federal Employers Liability Act

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

The FELA is an act of the federal government that was adopted in 1908 to safeguard railroad workers injured on the job. FELA is different from state's worker's compensation laws, because it protects employees who suffer injuries on the job because of the negligence of their employers. It also permits railroad workers to file claims for certain illnesses, such as mesothelioma.

A number of railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation over the years. 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 victims are eligible to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from various sources to pay for medical expenses, lost income and other expenses.

It is important to hire a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining most compensation for your injury. Ken Danzinger, a shareholder at the firm represented the family of a man who worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was a laborer who often brought asbestos dust to his home on his clothing and in his hair. Eventually, the cancer was diagnosed in 2012. Lexington asbestos lawyer was able expedite the case and his family received an important mesothelioma settlement.

It is important to be aware of the time limit and your rights to settlement when settling the FELA claim. Defendant railroads often try to limit the amount paid out to a victim by claiming that they cannot prove that their illness is directly linked to the exposure they endured at work. It is crucial to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers


For many years, railroad workers have been suffering from asbestos exposure for years. While cars are now surpassing trains for the majority of passengers, the rail network remains an essential component of freight transportation. Asbestos was employed throughout the railroad industry to shield pipelines, engines and car components.

In many cases railroad workers were exposed to asbestos through work-related contact with equipment they were servicing and repair. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the harmful mineral as well.

Railroad companies were aware of asbestos' dangers in 1935, but continued to use the substance in their trains throughout the 1990s and into the 1980s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases due to years of occupational exposure.

Asbestos victims frequently file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. These manufacturers may be held liable for not advising of the dangers associated with their products, and for producing asbestos-containing materials that was found to be dangerous.

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 deceased's uncle was employed. The family alleges the deceased's Uncle often brought his asbestos-covered work clothing to his home and that his children would beat the man when they saw him in these clothes. This negligence led to the mesothelioma which killed the family member.

When asbestos-related illnesses like mesothelioma are discovered, workers lose the time they would have had to enjoy retirement and the final chapters in 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 lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. However, since a proof of manifest injury is required to bring an FELA claim, countless seemingly healthy railroad workers who don't suffer from an asbestos-related illness may not be able to bring claims. This is a clear infringement to the tort law principle that pays those who suffer as a result of others' actions.

State Law Claims

While federal law lays the foundation for many asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can handle claims under different statutes and laws in order to help injured workers get the compensation they deserve.

Asbestos was employed in a variety of railway components, including locomotive engines, brakes and steam boilers. Asbestos dust was created by machining and cutting many of these components, which workers could inhale. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers and the companies that made the products that exposed them to dangerous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. State courts also give priority and advance cases filed by living mesothelioma patients.

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

The company that made the asbestos-containing products for which she worked, filed an application for a summary judgment. They argued that her state law claim was not valid because it did not allege the manufacturer knew of the risks associated with the use of asbestos 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 loved ones obtain the compensation they deserve. His extensive experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families recover damages from those who are responsible for their injuries, illnesses and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction and design of railways. However, it proved to be extremely dangerous for many railway workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive amounts of heat. However these properties are what make it hazardous to those who work with it.

It could take a long time for mesothelioma-related symptoms and lung cancer to manifest due to the toxins found in asbestos. These conditions can be very expensive for the victims and their families as they require medical care and are faced with physical and emotional pain. Asbestos-related diseases can be compensated through a variety of sources.

A mesothelioma lawyer is the most popular method by which railroad workers injured can receive financial compensation. These lawsuits can be filed in federal courts or state courts in which a railroad company is located. A victim of injury must demonstrate that the negligence of their employer caused their injury and they are owed financial compensation.

Unlike most other workplace injuries railroad workers do not have access to the typical workers compensation system in a majority of states. These workers can sue their employers under FELA protections.

This kind of claim is a civil lawsuit where the injured person must prove that the negligence of their employer caused their mesothelioma, or other injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this particular instance, a family member of the 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 prevent this lawsuit from proceeding because the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nonetheless essential 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 secured.