Railroad Asbestos Claims
Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. But, these same qualities made asbestos toxic and deadly for those who came in contact with it.
Rail workers frequently brought asbestos dust particles home on their clothes or in their hair. This could put their families in danger.
Federal Employers Liability Act (FELA)
Asbestos is a hazardous material that railroad workers are exposed. Asbestos can cause cancer as well as other health problems. Fortunately, railroad employees are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, with the exception that 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 differs from state's worker's compensation laws, since it covers workers who suffer injuries on the job due to their employers negligence. It also permits railroad workers to file claims against certain illnesses, 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 employees can sue these companies under FELA as well as manufacturers of asbestos-containing items like boilers, locomotive parts and railcar siding.
In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related victims can make state-law mesothelioma claims in addition to FELA claims. Bridgeport asbestos lawsuit permits families to seek compensation from various sources in order to help pay medical bills, lost income and other expenses.
It is important to hire an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy's attorneys have a wealth mesothelioma expertise and can assist you in obtaining the maximum amount of compensation for your injuries. Ken Danzinger, a 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 worker who brought asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case, and the family received a significant mesothelioma settlement.
It is crucial to know the statute of limitations and your rights to an agreement when you are dealing with a FELA claim. Railroads that are defending themselves often attempt to limit the amount paid to victims by arguing that they cannot prove that their illness is directly linked to their work-related exposure. It is essential to seek legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
For decades railroad workers have been suffering from asbestos exposure for years. Rail is still a vital component of freight transportation even though cars are now the most preferred mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield train engines, 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 also brought home asbestos dust on their clothes, which exposed their children and spouses to the harmful mineral, too.
Railroad companies were aware of asbestos' dangers in 1935, but continued to use the material in their trains throughout the 1980s and 90s. Unfortunately, a lot of these workers are currently suffering from serious illnesses due to years of exposure to asbestos.
Asbestos victims often are required to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. These manufacturers can be held liable for failing to warn of the dangers of their products, and for producing asbestos-containing products that were known to be dangerous.
For example the family of a BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the plant that made brakes where the uncle who died was employed. The family alleges that the deceased's uncle regularly brought his work clothing at home, and that when they were wearing these clothes his children would play with him and roughhouse him when wearing asbestos-covered work clothing. This lapse in judgment led to mesothelioma that killed the family member.
When asbestos-related diseases such as mesothelioma are diagnosed workers lose the time they had to enjoy retirement and their final chapters in life. These cases bring to justice corporations that have blatantly disregard for the health and safety of dedicated railroad employees to increase their profits.
Asbestos lawsuits against railroads have led to compensation for injured workers and their families. Unfortunately, because a showing of injury that is manifest is required to file an FELA claim, countless seemingly healthy railroad workers who never get sick due to asbestos may not be able to bring an claim. This is a clear infringement to the tort law principle that pays those who suffer due to the actions of others.
State Law Claims
While federal law lays the foundation for most asbestos lawsuits, certain railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can manage claims under a variety of different laws and statutes to ensure injured workers and their families receive the justice they deserve.
Asbestos was widely used in railway components like locomotive engines, steam boilers and brakes. A lot of these components required machining or cutting which produced airborne asbestos dust that could be inhaled by workers. The asbestos dust could be inhaled and cause lung issues such as mesothelioma.
When railroad workers suffer from mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers as well as the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also offer priority and advance cases filed by living mesothelioma patients.
Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She sued the companies that manufactured the asbestos-containing equipment she worked on. Her family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.
The company that produced 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 allege that the manufacturer was aware of the risks associated with using asbestos in its products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they are entitled to. His extensive experience in FELA cases including asbestos cases has helped him obtain millions of dollars for his clients in settlements and verdicts. He is dedicated to helping injured railroad workers and their loved ones recover damages from those responsible for their injuries and illnesses, 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 and design of railways. Unfortunately, it also proved to be very deadly for many railway workers who were exposed to the toxic substance. The material is tough and is able to be able to withstand extreme heat, however these properties make it dangerous for the people who work with them.
Because of the toxins in asbestos, it can take years for the symptoms such as mesothelioma or cancer to manifest. These illnesses can be extremely costly for victims and their families since they require medical care and have to deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from a variety of sources.
A mesothelioma lawyer is the most common 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's 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 worker compensation system in a lot of states. Railroad workers are able to sue their employers under FELA protections.
This kind of claim is a civil action where the injured person must show that negligence by their employer caused mesothelioma or another injury. However an upcoming case that was brought before the Supreme Court highlights a roadblock that railroad workers face when they are trying to hold their employers accountable for the exposure they have to asbestos.
In this case, the family of a deceased railway worker filed an asbestos lawsuit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing because the claim is based on FELA, which trumps 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.