How To Find Out If You're In The Right Place For Railroad Asbestos Claims
Railroad Asbestos Claims
Rail workers worked with asbestos-containing materials often because it was a tough and heat-resistant product. The same characteristics also made asbestos toxic and deadly for those who came into contact with it.
Often, rail employees would carry asbestos dust that is deadly on their clothes and hair. This could also put their families at risk.
Federal Employers Liability Act
Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately, railroad employees are able to get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, but it is filed against an employer rather than an individual defendant like in a criminal case.
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 since it covers workers who suffer injuries on the job due to the negligence of their employers. It also allows railroad employees to file claims for certain illnesses, such as mesothelioma.
Several railroad companies have been involved in asbestos litigation throughout the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies which have been involved in asbestos litigation throughout the years. Railroad workers may sue these companies, as well as the producers of asbestos-containing items like locomotive parts and boilers.
Certain states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma patients can file state law claims, as well as FELA claims. This permits families to seek compensation from multiple sources to help pay medical bills, lost income and other expenses.
It is essential to choose an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can assist you in obtaining most compensation for your injury. Ken Danzinger, 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 developed mesothelioma. Ken was able to speed up the case and his family received a significant mesothelioma settlement.
Understanding the statute of limitations and your rights in a settlement is essential when deciding on the FELA case. Railroads that are defending themselves often attempt to reduce the amount they pay to the victim by arguing that they cannot prove that their illness is directly linked to the exposure they endured at work. This is why it is important to seek legal help from a seasoned railroad attorney.
Asbestos Manufacturers
For many years railroad workers have been suffering from asbestos-related illnesses for a long time. Rail remains an important part of freight transport, even though automobiles are now the most popular mode of transport for passengers. Asbestos has been used in the railroad industry for many years to insulate engine parts, pipes and automobile components.
In many cases railroad workers were exposed to asbestos from on-the-job contact with the equipment they were servicing and repair. Workers brought asbestos dust home on their clothing, exposing their families to the poisonous mineral.
While Vancouver asbestos lawyers were aware of the dangers of asbestos by 1935, they continued to use asbestos in their trains until the 1980s and the 1990s. Sadly, many of these workers are now suffering from life-threatening illnesses as a result of exposure to asbestos, a dangerous mineral.
Asbestos victims often file FELA claims with the makers of asbestos-containing equipment with which they worked. The manufacturers could be held accountable for their failure to warn consumers about the dangers of their products as well as for producing asbestos-containing materials that were found to be harmful.
For instance the family of an BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant where the nephew who died worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire home and his children would slap him when the clothes were on. This negligence led to the mesothelioma which caused the death of the family member.
When asbestos-related diseases such as mesothelioma are diagnosed workers are deprived of the time they had to enjoy retirement and their final years of life. These cases bring to justice corporations that have blatantly disregard for the safety and health of their employees in order to maximize their own profits.
Asbestos suits against railroads resulted in compensation for families and workers who were injured. However, since a proof of manifest injury is required for bringing an FELA claim, countless seemingly healthy railroad workers who never develop an asbestos-related disease might not be able to bring an claim. This is an obvious violation of the underlying principle of tort law, which is to provide compensation for those who suffer due to the actions of others' actions.
State Law Claims
While federal law provides the basis for the majority of asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can handle claims under a variety of different statutes and laws to help 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. Asbestos dust was generated by cutting and machining many of these parts, which workers could breathe in. The asbestos dust could be ingested and cause lung issues such as mesothelioma.
If railroad workers develop mesothelioma, or any other asbestos-related illnesses, they can make a claim under the state law against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges possess vast experience in determining the compensation for mesothelioma sufferers. State courts also offer priority to cases and advance filing by living victims.
Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment she worked on. The family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.
The company that produced the asbestos-containing products on which she worked, filed an application for a summary judgment. They argued that her state law claim was invalid because it did not allege that the company was aware of the risks associated with the use of asbestos in its 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 deserve. His extensive experience in FELA cases including asbestos cases - has helped him to secure millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers injured and their families collect damages from those responsible for their ailments and injuries, including mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively used in the construction of railroads, particularly in diesel and steam-powered trains. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive quantities of heat. However these properties are the reason it is dangerous for workers who work with it.
It could take years for mesothelioma symptoms and lung cancer to appear due to the toxins that are found in asbestos. These illnesses can be extremely costly for victims and their families since they need medical treatment and have to deal with their physical and emotional pain. Asbestos-related illnesses can be compensated by a variety of 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 court or state courts close to the railroad's company. An injured victim must prove that their employer's negligence caused their injury, and they are entitled to financial compensation.
Railroad workers aren't covered by the standard workers compensation system in many states. Instead, they are eligible to file a lawsuit against their employers under the protections of FELA.
This kind of claim is a civil lawsuit where the injured person must prove that their employer's negligence led to their mesothelioma or another injury. However, a recent case that was brought before the Supreme Court highlights a roadblock for railroad workers who try to claim their employers are responsible for the exposure they have to asbestos.
In this case, the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent the lawsuit from proceeding since the claim is based on FELA which goes over state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their particular circumstances with an experienced lawyer to better ensure that all legal rights are secured.