It's Time To Expand Your Railroad Asbestos Claims Options
Railroad Asbestos Claims
Railroad workers frequently used or worked around asbestos-containing materials because it was a highly durable and heat-resistant substance. These same qualities also made asbestos toxic and deadly to those who came in contact with it.
Rail workers often brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families in danger.
Federal Employers Liability Act (FELA)
Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material which can cause health issues such as cancer. Thankfully, railroad workers can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, except that it is filed against an employer, not a defendant as in criminal cases.
The FELA is a federal law that was adopted in 1908 to safeguard railroad workers who were injured on the job. FELA is different than the state's worker's compensation laws as it covers employees who are injured at work due to their employers ' negligence. It also permits railroad workers to file claims when they develop certain illnesses like mesothelioma.
Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroads who have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies as well as producers of asbestos-containing items like locomotive parts or boilers.
In addition to the federal law, a few states have their own worker's compensation programs. Asbestos sufferers are able to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from multiple sources to pay for medical bills, lost wages, and other costs.
If you are filing a FELA claim, it is important to work with an experienced attorney. Greenville asbestos lawsuit has attorneys with mesothelioma experience who can assist you in obtaining the most compensation for your injury. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 to 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 expedite the case, and the family received a significant mesothelioma settlement.
It is important to be aware of the time limit and your rights to an agreement when you are dealing with an FELA claim. The railroads that are defending themselves often try to reduce the amount they pay to a victim, claiming they cannot prove the illness was caused directly due to their exposure at work. It is crucial to seek the legal advice of a knowledgeable railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered from the ravages of asbestos exposure for decades. Rail is still an integral part of freight transport, even though cars are now the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to shield train engines, pipes and car components.
Rail workers are frequently exposed to asbestos through their work with equipment that they repair and service. Workers brought asbestos dust home on their clothing, exposing their families to the toxic mineral.
While railroad companies knew of asbestos' dangers by 1935 but they continued to employ asbestos in their trains until the 1980s and 1990s. Unfortunately, a large number of workers have developed life-threatening illnesses as a result of exposure to the dangerous mineral.
Asbestos victims typically file FELA claims against manufacturers of the asbestos-containing equipment that they used. These manufacturers can be held accountable for their failure to warn consumers about the dangers of their products as well as for producing asbestos-containing products that were known to be harmful.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the deceased's uncle worked. The family claims that the deceased's uncle frequently brought his work clothes home, and when he wore these clothes his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothing. This lapse of judgment led to mesothelioma that killed the family member.
When employees are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the final 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 their profits.
Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Since a clearly-defined injury must be proven to bring a FELA case, thousands of railroad workers who have not developed an asbestos-related illness may not be able to make claims. This is a clear violation of the underlying principle of tort law: to provide compensation for those who suffer as a result of other' actions.
State Law Claims
While federal law is the basis for most asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can handle claims under various statutes and laws in order to help injured workers get the compensation they deserve.
Asbestos was employed in various railway components including locomotive engines, brakes and steam boilers. Many of these components required cutting or machining which produced airborne asbestos dust which could be inhaled by workers. The asbestos dust could be inhaled and cause lung issues such as mesothelioma.
If railroad workers suffer from mesothelioma, or other asbestos-related diseases 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 extensive experience in determining the appropriate amount of compensation for mesothelioma patients. State courts also have priority to cases that are filed by living mesothelioma victims.
This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welder at PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products that she worked with. The family was not able to prevail because the Supreme Court ruled her state-law claim preempted 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 allege that the company knew about the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their loved ones of those individuals obtain the compensation that they deserve. His extensive experience in FELA cases - including those involving asbestos has helped him obtain millions of dollars for his clients in verdicts and settlements. He is committed to helping injured railroad workers and their loved ones recover damages from those who are responsible for their ailments and injuries, including mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was widely used in the construction of railroads, especially in steam- and diesel-powered trains. Unfortunately, it also proved to be extremely dangerous for the railway workers who were exposed to the toxic material. The material is extremely tough and capable of withstanding immense amounts of heat; however these qualities are what make it dangerous to those who work with it.
It can take years for mesothelioma-related symptoms and lung cancer to manifest because of the toxins in asbestos. These diseases can be extremely costly for victims and families, as they require medical treatment and to endure physical pain and emotional suffering. Asbestos-related diseases can be compensated by a variety sources.
A mesothelioma lawyer is the most popular way that injured railroad workers are able to receive financial compensation. The claims can be filed in federal court or state courts in which the railroad company is. An injured victim must be able to prove that their employer's negligence caused their injury and they are owed financial compensation.
In contrast to other types of workplace injuries railroad workers do not have access to the traditional workers compensation system in the majority of states. They are instead eligible to file a lawsuit against their employers under the protections of FELA.
This kind of claim is a civil action where the injured person must show that the negligence of their employer caused mesothelioma or other ailment. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them asbestos.
In this particular case, an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding because the claim is based on FELA which overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured speak to an attorney regarding their particular circumstances so they can ensure all of their legal rights are protected.