Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing products a lot because it was a tough and heat-resistant material. But, these same qualities made asbestos a deadly and toxic material for those who came into contact with it.
Often, rail employees would carry asbestos dust that is deadly with them on their clothes and hair. This could put their families at risk.
Federal Employers Liability Act
Asbestos is a hazard that railway workers are exposed to. Asbestos is known to cause cancer and other health issues. Thankfully, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, but it is filed against an employer and not a defendant as in the case of a criminal.
The FELA was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it covers workers who are injured at work because of their employer's negligence. Additionally, railroad employees are able to file claims for certain diseases like mesothelioma.
Over the years, several railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as municipal and local railroads as well as state railroads. Railroad workers could sue these companies and manufacturers of asbestos-containing goods such as locomotive parts or 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 allows families to pursue compensation from a variety of sources to pay for medical bills, lost income, and other expenses.
It is essential to choose a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy's attorneys have a wealth mesothelioma expertise and can assist you in getting maximum 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 was diagnosed with mesothelioma. Ken was able to expedite the case and the family was awarded a substantial mesothelioma settlement.
Understanding the statute of limitation and your rights in a settlement is essential when dealing with the FELA case. The railroads who defend themselves often try to reduce the amount they pay to a victim, by claiming that they can't prove that the illness was caused directly by their exposure to the work environment. It is important to seek the legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered the ravages of asbestos exposure for a long time. Rail is still a vital component of freight transportation even though cars are the most preferred mode of travel for passengers. Asbestos has been utilized in the railroad industry for many years to protect engine parts, pipes, and other automobile components.
Rail workers are often exposed to asbestos as they work with equipment that they service and repair. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the harmful mineral as well.
Railroad companies were aware of asbestos' dangers in 1935, yet they continued to use the material on their trains through the 1980s and 90s. Sadly, many of these workers have developed life-threatening illnesses as a result of years of occupational exposure to the hazardous mineral.
Asbestos victims typically file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held liable for not warning of the dangers associated with their products, and for producing asbestos-containing material that was known to be harmful.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company owned the brake manufacturing plant where the uncle of the deceased was employed. The family alleges that the deceased's uncle regularly brought his work clothes to his home, and if they were wearing these clothes, his children would play with him and roughhouse him when he was wearing asbestos-covered work clothes. This lapse of care led to the mesothelioma that caused the death of the family member.
If workers are diagnosed with asbestos-related ailments like mesothelioma, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable for having flagrantly ignored the health and safety demands of railroad workers to maximize their profits.
Asbestos lawsuits against railroads resulted in compensation for families and workers who were injured. Since a clearly-defined injury must be proven in order to establish a FELA case, thousands of railroad workers who have never developed an asbestos-related illness may not be able to make a claim. This is a clear infringement to the tort law principle of compensation for the victims of the actions of others.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. San Francisco asbestos lawyers can handle claims under a variety of different laws and statutes to help injured workers and their families get the amount of compensation they are entitled to.
Asbestos was widely used in railway components, such as locomotive engines, steam boilers and brakes. Many of these components required cutting or machining which produced airborne asbestos dust which could be inhaled by workers. The asbestos dust can be ingested and cause lung diseases such as mesothelioma.
If railroad workers suffer from mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers and the manufacturers of the products that exposed them to dangerous asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the proper compensation for mesothelioma victims. Additionally, state courts typically 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 for PATCO Railroad. She sued the companies that produced the asbestos-containing equipment that 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 produced the asbestos-containing equipment she worked on filed an application for summary judgment in support of her state-law claim was unconvincing because it did not claim that the company knew about the risks of using asbestos in their products. The Supreme Court dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they are entitled to. His extensive experience in FELA cases which include asbestos - has allowed him to secure millions of dollars for his clients in settlements and verdicts. He is dedicated to helping injured railroad workers and their families 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 extensively utilized in the design and construction of railways. It also caused serious harm to many railway workers 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.
Due to the toxins found in asbestos, it may take decades for symptoms such as mesothelioma or cancer to show up. These conditions can be extremely costly for victims and families who require medical attention and have to endure physical pain and emotional suffering. Fortunately, victims of asbestos-related diseases are eligible for compensation through various 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 courts or state courts close to the railroad company. Injury victims must prove that their employer was negligent and that they are entitled to financial compensation.
In contrast to other workplace injuries railroad workers do not have access to the typical workers compensation system in a majority of states. Instead, they are qualified to file a lawsuit against their employers under the protections of FELA.
This kind of claim is a civil lawsuit where the victim must show that the negligence of their employer caused mesothelioma or other ailment. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them 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 stop this lawsuit from moving forward since the claim is based on FELA which overrules state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk to an attorney about their particular situation so they can be sure that all of their legal rights are secured.