Why Railroad Asbestos Claims Is Your Next Big Obsession
Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing products a lot due to its durability and heat-resistant product. However, these same qualities made asbestos poisonous and deadly for anyone who came into contact with it.
In many cases, rail workers often carry asbestos dust that is deadly on their clothes and in their hair. This could put their families in danger as well.
Federal Employers Liability Act (FELA)
Asbestos is a hazardous material that railroad workers are exposed. Asbestos is a dangerous material that can cause many health problems such as cancer. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but it is filed against the employer rather than a defendant like a criminal case.
The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers employees injured on the job due to their employer's negligence. It also allows railroad workers to file claims when they suffer from certain diseases, such as mesothelioma.
Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing items like locomotive parts, boilers and railcar siding.
Some states have their own programs for workers' compensation in addition to federal law. Asbestos sufferers are able to file state law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from various sources to pay for medical bills, lost income and other expenses.
It is crucial to find a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was an employee who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case and the family was awarded an enormous mesothelioma settlement.
Understanding the statute of limitation and your rights in a settlement are crucial when dealing with a FELA case. Railroads that are defending themselves often attempt to limit the amount of money paid out to a victim by arguing that they cannot prove that their illness is directly linked to their exposure at work. It is crucial to seek the legal guidance of a seasoned railroad lawyer.
Asbestos Manufacturers
For decades, railroad workers have been suffering from asbestos-related illnesses for a long time. While cars are now surpassing trains for the majority of passenger travel, the rail network remains a vital part of freight transportation. Asbestos was utilized throughout the railroad industry to insulate trains, pipes and car parts.
In many cases railroad workers were exposed to asbestos from on-the-job contact with the equipment they were servicing and repair. Workers wore asbestos dust on their clothing, which exposed their families to the poisonous mineral.
Railroad companies were aware of asbestos' dangers in 1935, yet they continued to use the material on their trains through the 1980s and 90s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result years of exposure to asbestos in the workplace.
Asbestos victims typically have to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. They can be held accountable for their failure to warn about the dangers of their products, and for producing asbestos-containing materials that were found to be dangerous.
For example, the family of a BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the deceased's uncle was employed. The family alleges that the deceased's uncle regularly brought his work clothing at home, and that when the clothes were on his children would play with him and roughhouse him when he was wearing asbestos-covered work clothes. This negligence led to the mesothelioma cancer that killed the family member.
When asbestos-related diseases like mesothelioma are diagnosed workers lose the time they would have had to enjoy retirement and the final chapters in life. These cases hold companies accountable who have flagrantly disregarding the health and safety demands of railroad workers in order to maximize their profits.
Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Since a demonstration of injury that is manifest is required to bring a FELA claim, countless seemingly healthy railroad workers who don't develop an asbestos-related disease might be unable to make such an claim. This is a clear breach to the tort law principle that pays those who suffer as a result of other people's actions.
State Law Claims
While federal law is the basis for the majority of asbestos lawsuits filed against railroad workers, state law could provide additional protections. Asbestos lawyers are able to manage claims under a variety of laws and statutes to help injured workers and their families receive the amount of compensation they are entitled to.
Asbestos was used extensively in railway components, such as steam boilers, locomotive engines and brakes. Many of these components required cutting or machining which created asbestos dust which could be inhaled by workers. The asbestos dust can be inhaled and cause lung problems like mesothelioma.
If railroad workers suffer from mesothelioma or other asbestos-related diseases, they may bring a state-law suit 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 have vast experience in determining appropriate amount of compensation for mesothelioma patients. Additionally, state courts often offer priority to and swiftly forward cases filed by living plaintiffs.
Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing products she worked with. Her 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 equipment that she worked on filed an application for summary judgment and argued that her state law claim was not valid because it did not allege that the manufacturer was aware of 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 loved ones of those people receive the compensation they deserve. His extensive background in FELA cases which include asbestos exposure, has allowed him to secure millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers and their families collect damages from those accountable for their injuries, illnesses, and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was extensively utilized in the construction and design of railways. Unfortunately, it also proved to be extremely dangerous for the railway workers who were exposed to the toxic substance. The material is very durable and can withstand huge quantities of heat. However these properties are the reason it is dangerous to people who work with it.
It could take years for symptoms like mesothelioma and lung cancer to show up due to the toxins that are found in asbestos. These diseases can be extremely expensive for the victims and their families as they require medical treatment and are faced with physical and emotional suffering. Fortunately, asbestos-related diseases can receive compensation through various sources.
A mesothelioma lawyer is the most common method by which railroad workers injured can be awarded financial compensation. These claims can be filed in federal court or state courts in which railroad companies are located. Injured victims must prove their employer was negligent and they have the right to financial compensation.
Railroad workers aren't covered under the standard workers compensation system in many states. They can sue their employers under FELA protections.
This is a civil claim in which the person who is injured must prove that the negligence of their employer caused their mesothelioma or other injuries. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them to asbestos.
In this case, the family of a deceased railway employee filed an asbestos lawsuit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims . Nevertheless, it is important that railroad workers who have been injured discuss their specific situation with an experienced lawyer so that they can better ensure all legal rights are protected.