5 Facts Railroad Asbestos Claims Is Actually A Great Thing

Railroad Asbestos Claims

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

Rail workers often brought deadly asbestos dust fibres home on their clothing or in their hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railroad workers are exposed to. Asbestos is a hazard which can cause illnesses, including cancer. Thankfully, railroad workers are able to get 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 rather than the defendant 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 workers' compensation laws in that it covers employees who are injured on the job due to the negligence of their employers. It also allows railroad employees to file claims if they suffer from certain diseases such as mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroads that have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies under FELA as well as manufacturers 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 sufferers are able to file state-law claims as well as FELA claims. This allows families to seek compensation from multiple sources to pay medical bills, lost wages and other expenses.

It is important to hire a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining the maximum compensation for your injuries. 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 steam engine scrapper. He was a worker who brought asbestos dust home on his clothing and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and the family received an important mesothelioma payout.

It is crucial to know the time limit and your rights to an agreement when you are dealing with an FELA claim. The railroads that are defending themselves often attempt to cut the amount they pay to the victim, claiming they cannot prove the illness was caused directly due to their exposure at work. It is crucial to seek the legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have suffered from asbestos-related illnesses for a long time. Although  Bend asbestos lawyer  have now surpassed trains for the majority of passenger travel but the rail network is a vital part of freight transportation. Asbestos has been used in the railroad industry for decades to insulate engine parts pipes, and other automobile components.

Rail workers are frequently exposed to asbestos as they work with the equipment they repair and service. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the toxic mineral as well.

Railroad companies were aware of the dangers associated with asbestos in 1935, but continued to employ the material on their trains through the 1980s and 90s. Unfortunately, many of these workers are now suffering from life-threatening illnesses because of years of exposure to asbestos.

Asbestos victims often are required to file FELA claims against the makers of the asbestos-containing equipment they worked on. The manufacturers could be held responsible for not warning of the dangers associated with their products, or for producing asbestos-containing materials that was recognized as harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company was the owner of the plant that made brakes where the deceased's uncle was employed. The family claims that the deceased's uncle frequently brought his work clothes to his home, and if he wore these clothes his children would play with him and roughhouse him while he was wearing asbestos-covered work clothing. This negligence led to mesothelioma which killed the family member.

When asbestos-related diseases like mesothelioma are diagnosed workers are deprived of the time they would have had to enjoy retirement and their final chapters in life. These cases are a way to hold companies accountable for having flagrantly ignored the health and safety requirements of dedicated railroad workers in order to maximize their profits.

Asbestos suits against railroads resulted in compensations for families and workers who were injured. Since a clearly-defined injury must be proven to be able to bring a FELA case, countless railroad workers who have never developed an asbestos-related illness may not be able to make claims. This is a clear violation of the fundamental principle of tort law: to compensate people who suffer because of others' actions.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos attorneys can deal with claims under a range of different statutes and laws to ensure that injured workers and their families receive the justice they deserve.

Asbestos was widely used in railway components like steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which created asbestos dust that could be breathed in by workers. This asbestos dust can also be inhaled, which can cause lung issues like mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers and the producers of the products that exposed them asbestos. These claims are brought before state courts which are where juries and judges have vast experience in determining the compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living mesothelioma victims.

This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder for PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products she worked on. Unfortunately her family was unable to prevail as the Supreme Court ruled that her state law claim was preempted by FELA.

The company that produced the asbestos-containing equipment that she worked on filed an application for summary judgment, arguing that her state-law claim was not viable because it did not allege that the company knew about the risks of using asbestos in their products. The Supreme Court dismissed her claims.

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

Compensation

Asbestos was used extensively in the construction of railroads, especially in diesel- and steam-powered trains. However, it proved to be extremely deadly for railway workers who were exposed to the poisonous material. The material is strong and is able to withstand extreme heat, but these characteristics make it dangerous for the people who work with them.

Due to the toxins present in asbestos, it could take decades for signs such as mesothelioma or cancer to develop. These diseases can be extremely costly for victims and families because they require medical treatment and have to endure physical pain and emotional trauma. Fortunately, those suffering from asbestos-related diseases can receive compensation from various sources.

The most popular method for railroad workers injured to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal courts or state courts in which railroad companies are located. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

Unlike most other types of workplace injuries railroad workers do not have access to the typical workers' compensation system in most states. Railroad workers are able to sue their employers for compensation under FELA protections.

This type of claim is a civil lawsuit where the injured person must prove that negligence by their employer caused their mesothelioma, or other ailment. However, a recent case filed before the Supreme Court highlights a roadblock that railroad workers face when they attempt to make their employers accountable for exposure to 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 stop this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak with an attorney about their specific circumstances so that they can be sure that all of their legal rights are secured.