A Look At The Good And Bad About Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers frequently used or worked with asbestos-containing materials due to its durable and heat-resistant material. The same properties also made asbestos toxic and deadly to anyone who came in contact with it.
Often, rail employees would take deadly asbestos dust fibers home with them on their clothes and hair. This could put their families at risk as well.
Federal Employers Liability Act (FELA)
Asbestos is a dangerous material that railroad workers are exposed. Asbestos can cause cancer as well as other health issues. Fortunately, railroad workers are entitled to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer instead of an individual defendant as in criminal cases.
The FELA is an act of the federal government that was adopted in 1908 to safeguard railroad workers who are injured on the job. FELA is different than the state's worker's compensation laws, because it protects employees who suffer injuries on the job due to the negligence of their employers. It also allows railroad employees to file claims when they suffer from certain ailments, 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 state-owned railroads in the local area. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing products, such as locomotive parts, boilers and railcar siding.
Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma patients are able to file state-law claims as well as FELA claims. This allows families to seek compensation from a variety of sources to help pay medical expenses, lost wages and other expenses.
It is essential to choose a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy's attorneys have an extensive knowledge of mesothelioma and can assist you in obtaining the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm, represented the family of a man who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a laborer who often brought asbestos dust home on his clothes and in his hair, and he developed mesothelioma in 2012. Ken was able to expedite the case, and the family received a substantial mesothelioma settlement.
It is essential to understand the statute of limitations and your rights to an agreement when you are dealing with a FELA claim. The railroads that are defending themselves often attempt to cut the money that is paid to the victim, claiming they are unable to prove that the illness was caused directly due to their exposure at work. This is why it is important to seek legal assistance from an experienced attorney for railroads.
Asbestos Manufacturers
Many railroad workers have suffered from the ravages of asbestos exposure for a long time. Rail is still a vital component of freight transport even though automobiles are now the most preferred mode of travel for passengers. Asbestos has been utilized in the railroad industry for many years to insulate engine parts, pipes and automobile components.
Rail workers are often exposed to asbestos as they work with the equipment they repair and service. Workers brought asbestos dust home on their clothing, exposing their families to the harmful mineral.
Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the substance on their trains through the 1980s and 90s. Unfortunately, many of these workers are currently suffering from serious 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 that they used. The manufacturers could be held accountable for their failure to warn of the dangers of their products and for producing asbestos-containing products that were known to be harmful.
For example the family of an BNSF railroad worker who passed away from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the uncle who died worked. The family alleges the deceased's uncle would often bring his asbestos-covered work attire home and his children would beat him while they saw him in these clothes. This negligence caused the mesothelioma which killed the family member.
If workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases bring to justice corporations that have blatantly disregard for the health and safety of their employees in order to maximize their own profits.
Livermore asbestos lawyer filed against railroad companies have resulted in compensation claims for injured workers and their families. Since a clearly-defined injury has to be proved in order to establish the possibility of a FELA case, many railroad workers who have not been diagnosed with an asbestos-related disease may not be able make a claim. This is a clear breach to the tort law principle that compensates those who suffer due to other people's actions.
State Law Claims
While federal law is the foundation for the majority of asbestos lawsuits filed against railroad workers, state laws may provide additional protections. Asbestos lawyers can handle claims under various statutes and laws in order to ensure injured workers receive the compensation 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 created asbestos dust that could be inhaled by workers. The asbestos dust may also be ingested, causing lung issues like mesothelioma.
If railroad workers develop mesothelioma, or any other asbestos-related diseases, they can file a state-law claim against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed before state courts which are where juries and judges possess vast experience in determining the compensation for mesothelioma sufferers. Additionally, state courts often offer priority to and swiftly move cases brought by living plaintiffs.
This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welder for PATCO Railroad. She sued the companies that made the asbestos-containing equipment she worked on. Unfortunately her family was unable to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.
The company that made the asbestos-containing equipment she worked on filed an application for summary judgment, arguing that her state-law claim was not valid because it did not claim that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families get the compensation they are entitled to. His extensive experience in FELA cases, including those involving asbestos exposure, has allowed him to obtain millions of dollars in verdicts and settlements for his clients. 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 injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was extensively utilized in the design and construction of railroads. However, it proved to be extremely deadly for many railway workers who were exposed to the toxic substance. The material is durable and is able to withstand extreme heat, but these characteristics make it dangerous for those who work with them.
Because of the toxins in asbestos, it may take decades for symptoms such as mesothelioma or cancer to develop. These conditions can be very costly for victims and their families since they need medical treatment and are faced with physical and emotional pain. Asbestos-related ailments can be paid by a variety 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 located close to the railroad's company. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.
In contrast to other workplace injuries railroad workers don't have access to the typical workers compensation system in the majority of states. Rather, these workers are legally able to bring an action against their employers under the protections of FELA.
This type of claim is a civil action where the injured person must prove that their employer's negligence caused mesothelioma or other ailment. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them asbestos.
In this case the family of a deceased railway employee filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which goes over state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak with an attorney about their particular situation so they can be sure that all of their legal rights are protected.