Railroad Asbestos Claims
Railroad workers frequently used or worked with asbestos-containing materials because it was a highly durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came into contact with it.
Most often, railway workers would carry deadly asbestos dust fibers home on their clothes and hair. This could 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 a personal injury lawsuit but is filed against the employer instead of a defendant like a criminal case.
The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state worker's compensation laws in that it protects employees who are injured at work because of their employer's negligence. It also allows railroad employees to file claims for certain diseases like mesothelioma.
Over the years, several railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing products like locomotive parts and boilers.
Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. Ontario asbestos lawsuit permits families to seek compensation from a variety of sources to pay medical expenses, lost wages and other expenses.
It is essential to choose an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family of a man who worked for the California Railroad from 1955 to 1959 as a steam-engine scrapper. He was an employee who carried asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able speed up the case and the family was awarded an extensive mesothelioma settlement.
It is important to be aware of the statute of limitations and your rights to settlement when settling an FELA claim. Defendant railroads often try to reduce the amount of money paid to the victim by arguing that they cannot prove that the illness is directly connected to their exposure at work. This is why it is so important to seek legal assistance from a seasoned railroad attorney.
Asbestos Manufacturers
Many railroad workers have been suffering the ravages of asbestos exposure for years. Rail is still a vital component of freight transport despite the fact that cars are the most popular mode of travel for passengers. Asbestos was used in the railroad industry for many years to protect engine parts, pipes, and other automobile components.
Rail workers are often exposed to asbestos as they working with equipment they maintain and repair. Workers also brought home asbestos dust on their clothes, which exposed their children and spouses to the toxic mineral too.
While railroad companies were aware of the dangers of asbestos by 1935, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases due to years of occupational exposure.
Asbestos victims frequently are required to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. These manufacturers can be held liable for failing to warn about the dangers of their products, and for producing asbestos-containing products that were found to be harmful.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company was the owner of the brake manufacturing plant in which the uncle of the deceased was employed. The family claims that the deceased's uncle regularly brought his work clothes home, and when the clothes were on, his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. This lapse of care led to the mesothelioma cancer that killed the family member.
When employees are diagnosed with asbestos-related ailments like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold the companies accountable for having blatantly disregarding the health and safety requirements of dedicated railroad workers in order to maximize their profits.
Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. However, since a proof of a manifest injury is required for bringing a FELA claim, many seemingly healthy railroad workers who do not suffer from an asbestos-related illness may be unable to make such an claim. This is clearly in violation of the fundamental principle of tort law: to compensate those who suffer due to the actions of others' actions.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos lawyers can handle claims under a variety of different laws and statutes to ensure injured workers and their families get the justice they deserve.
Asbestos was used extensively in railway components, such as steam boilers, locomotive engines and brakes. Many of these components required machining or cutting which produced airborne asbestos dust that could be breathed in by workers. This asbestos dust can also be ingested, causing lung problems such as mesothelioma.
When railroad workers suffer from mesothelioma, or other asbestos-related diseases 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 filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also offer priority and advance cases filed by living victims.
This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing equipment she worked on. Her family was unable prevail since the Supreme Court ruled her state-law claim preempted FELA.
The company that produced the asbestos-containing equipment that she worked on filed a motion for summary judgment, arguing that her state-law claim was not valid because it did not claim that the company knew about the risks of using asbestos in their products. The Supreme Court dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and family members of those who suffer from the same obtain the compensation that they deserve. His extensive experience in FELA cases, including those involving asbestos exposure, has helped him obtain millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families collect 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 extensively utilized in the construction and design of railways. However, it proved to be extremely deadly for many railway workers who were exposed to the toxic material. The material is tough and can endure extreme heat, but these characteristics make it dangerous for those who work with them.
It can take years for mesothelioma-related symptoms and lung cancer to appear because of the toxins in asbestos. These conditions can be extremely expensive for families and victims who require medical attention and have to bear the physical pain and emotional suffering. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from various sources.
A mesothelioma lawyer is the most commonly used method by which railroad workers injured can receive financial compensation. The claims can be filed in federal court or state courts near the railroad company. Injury victims must prove that their employer was negligent and that they are entitled to financial compensation.
Railroad workers aren't covered under the standard workers compensation system in many states. They are instead legally able to bring an action against their employers under the protections of FELA.
This kind of claim is a civil suit where the victim must show that the negligence of their employer led to their mesothelioma or other ailment. However, a recent case brought to 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 the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from progressing since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific situation with an experienced attorney so that they can better ensure that all legal rights are secured.