Railroad Asbestos Claims

Rail workers worked with asbestos-containing materials a lot because it was a tough and heat-resistant material. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

Rail workers frequently brought asbestos dust particles to their homes on their clothes or in their hair. This could expose their families to danger as well.


Minneapolis asbestos attorney (FELA)

Asbestos is a dangerous material that railway workers are exposed to. Asbestos can cause cancer and other health problems. Fortunately railroad workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injuries lawsuit, with the exception that it is filed against an employer, not the defendant in the case of a criminal.

The FELA is a federal law that was enacted in the year 1908 to safeguard railroad workers who were injured on the job. FELA is different from state's worker's compensation laws because it protects employees who are injured on the job due to their employers negligence. It also allows railroad workers to file claims when they develop certain illnesses such as mesothelioma.

Over the years, many railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as municipal and local railroads as well as state railroads. Railroad employees are able to sue these companies under FELA as well as producers 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 victims can claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from multiple sources to help pay medical bills, lost wages and other costs.

It is crucial to find an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can help you get maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented a family member who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case, and the family received a significant mesothelioma settlement.

It is crucial to know the statute of limitations and your rights to settlement when settling the FELA claim. Railroads that defend themselves often attempt to cut the amount they pay to a victim, claiming they cannot prove the illness was caused directly by their exposure on the job. This is why it is important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

For many years, railroad workers have suffered from asbestos exposure for years. While cars are now surpassing trains for the majority of passengers but the rail network is an essential element of freight transportation. Asbestos was employed throughout the railroad industry to shield pipelines, engines and car parts.

In many instances railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or fixing. Workers wore asbestos dust on their clothing, exposing their families to the poisonous mineral.

Railroad companies were aware of asbestos' dangers in 1935, but continued to use the substance on their trains through the 1980s and 90s. Unfortunately, a large number of workers have developed life-threatening illnesses as a consequence of exposure to the dangerous mineral.

Asbestos victims frequently file FELA claims against the makers of the asbestos-containing equipment that they used. They can be held accountable for their failure to warn consumers about the dangers of their products and for producing asbestos-containing materials that were known to be dangerous.

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 alleges the deceased's uncle often brought his asbestos-covered work clothes home and his children would roughhouse the man when he was wearing these clothes. This negligence led to mesothelioma cancer that caused the death of the family member.

When asbestos-related diseases like mesothelioma are discovered workers lose the time they would have enjoyed retirement and their final years. These cases bring to justice companies that flagrantly disregarded the health and safety of their employees in order to increase their profits.

Asbestos lawsuits against railroads have led to compensation for injured workers and their families. However, since a proof of manifest injury is required to bring an FELA claim, many seemingly healthy railroad workers who never get sick due to asbestos may be unable to file an claim. This is a clear breach of the tort law principle that compensates those who suffer due to the actions of others.

State Law Claims

While federal law is the foundation for most asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to handle claims under different statutes and laws to help injured workers get the compensation they deserve.

Asbestos was used in a variety of railway components including locomotive engines, brakes and steam boilers. Asbestos dust was generated by machining and cutting many of these components, which workers could inhale. The asbestos dust may also be inhaled, causing lung problems 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 companies that made the products which exposed them to hazardous asbestos. These claims are brought before state courts, where judges and juries have vast experience in determining the compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly advance cases filed by living plaintiffs.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for PATCO Railroad. She sued the companies who produced asbestos-containing products she worked on. Her family was unable win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that manufactured the asbestos-containing products on which she worked, filed a motion 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 dangers associated with asbestos being used in its 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 are entitled to. His vast experience in FELA cases that include asbestos exposure, has allowed him to secure millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers and their families recover damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction of railroads, especially in steam- and diesel-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 quantities of heat. However these properties are what make it dangerous to people who work with it.

It could take a long time for mesothelioma symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These conditions can be extremely expensive for families and victims because they require medical treatment and have to deal with their physical and emotional pain. Asbestos-related ailments can be paid by a variety of sources.

A mesothelioma lawyer is the most common method by which railroad workers injured are able to receive financial compensation. These claims can be brought in federal courts or state courts close to the railroad's company. A victim of injury must be able to prove that the negligence of their employer led to their injury and they are owed financial compensation.

As opposed to other types of workplace injuries railroad workers don't have access to the typical workers compensation system in a majority of states. Rather, these workers are qualified to file an action against their employers under the protections of FELA.

This is a civil lawsuit where the victim must prove that their employer's negligence caused their mesothelioma, or another injury. However the recent case that was filed before the Supreme Court highlights a roadblock that railroad workers face when they attempt to claim their employers are responsible for exposure to asbestos.

In this particular case the family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing since the claim is based on FELA which overrules state laws regarding asbestos claims. It is still important that railroad workers who are injured speak to an attorney about their particular situation so they can ensure that their legal rights are secured.