10 Great Books On Railroad Asbestos Claims
Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials a lot because it was a durable and heat-resistant material. The same properties also made asbestos toxic and deadly to anyone who came in contact with it.
Rail employees often brought asbestos dust particles home on their clothing or in their hair. asbestos poisoning claim 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 problems. Fortunately, railroad workers can claim compensation from their employers 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 is a federal law that was enacted in the year 1908 to safeguard railroad workers injured on the job. FELA differs from state workers' compensation laws in that it protects employees injured on the job because of their employer's negligence. It also allows railroad employees to file claims against certain illnesses, such as mesothelioma.
Several railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies that have been involved in asbestos litigation throughout the years. Railroad workers may sue these companies and producers of asbestos-containing items such as locomotive parts or boilers.
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 permits families to seek compensation from various sources to pay for medical bills, lost income, and other expenses.
It is important to hire an experienced lawyer when filing an 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 of a man 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. Eventually, the cancer was diagnosed in 2012. Ken was able to speed up the case and his family was awarded a significant mesothelioma compensation.
It is crucial to know the time limit and your rights to a settlement when dealing with the FELA claim. Defendant railroads often try to reduce the amount of money paid out to a victim by claiming that they can't prove that their illness is directly linked to their exposure at work. This is why it is important to seek legal advice from an experienced railroad attorney.
Asbestos Manufacturers
For decades, railroad workers have been suffering from the effects of asbestos exposure. While cars are now surpassing trains for most passenger travel but the rail network is an essential element of freight transportation. Asbestos was employed throughout the railroad industry to shield train engines, pipes and car parts.
In many cases, railroad workers were exposed to asbestos from working contact with the equipment they were servicing and repair. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the toxic mineral, too.
Railroad companies were aware of asbestos's dangers in 1935, but continued to employ the material in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers have now developed life-threatening diseases as a result of years of occupational exposure to the hazardous mineral.
Asbestos victims typically file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held liable for failing to warn of the risks associated with their products, and for producing asbestos-containing materials that was found to be 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 brake plant at which the deceased's nephew worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothes home and his children would slap him while he was wearing these clothes. This lapse of judgment led to mesothelioma that caused the death of the family member.
When employees are diagnosed with asbestos-related illnesses such as mesothelioma, they're taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases make the companies accountable for having blatantly ignored the health and safety demands of railroad workers in order to maximize profits.
Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Because a manifest injury must be shown to be able to bring the possibility of a FELA case, many railroad workers who have never developed an asbestos-related illness may not be able to make an claim. This is a clear violation to the tort law principle that compensates those who suffer as a result of others' actions.
State Law Claims
While federal law provides the foundation for most asbestos lawsuits, some railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers can deal with claims under a range of laws and statutes to ensure that injured workers and their families receive the justice they deserve.
Asbestos was widely used in railway components, such as locomotive engines, steam boilers and brakes. A lot of these components required cutting or machining which resulted in the formation of airborne asbestos dust that could be inhaled by workers. The asbestos dust may also be inhaled, causing lung diseases like mesothelioma.
If railroad workers suffer from mesothelioma or other asbestos-related illnesses and diseases, they could have state-law claims against their employers and the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. In addition, state courts frequently offer priority to and swiftly forward cases brought by living plaintiffs.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing products she worked with. However her family was unable to prevail because the Supreme Court ruled that her state law claim was preempted by FELA.
The company that made the asbestos-containing products for which she worked, filed a motion for a summary judgment. They asserted that her state law claim was invalid because it did not state the manufacturer knew of the risks 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 extensive experience in FELA cases including asbestos cases - has helped him to secure millions of dollars for his clients through verdicts and settlements. He is dedicated to helping railroad workers injured and their loved ones recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively used in the design and construction of railroads. Unfortunately, it also proved to be very deadly for the railway workers who were exposed to the toxic substance. The material is tough and can be able to withstand extreme heat, however these characteristics make it dangerous for those who work with them.
It can take years for mesothelioma symptoms and lung cancer to show up because of the toxins in asbestos. These conditions can be very expensive for the victims and their families as they require medical treatment and are faced with physical and emotional suffering. Asbestos-related diseases can be compensated by a variety sources.
A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured can receive financial compensation. These claims can be brought in federal courts, or state courts located close to the railroad company. Injured victims must prove their employer was negligent and they have the right to financial compensation.
Railroad workers aren't covered by the standard workers compensation system in many states. Railroad workers are able to sue their employers under FELA protections.
This is a civil claim where the injured person has to demonstrate that the negligence of 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 accountable for exposing them asbestos.
In this particular case, the 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. may prevent this lawsuit from proceeding because the claim is based on FELA which goes over state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific situation with an experienced lawyer to better ensure that their legal rights are protected.