Railroad Asbestos Claims
Rail workers had to work with asbestos-containing products a lot because it was a durable and heat-resistant material. However, these same qualities made asbestos toxic and deadly for those who came in contact with it.
Rail employees often brought deadly asbestos dust fibres home on their clothes or in their hair. This could put their families at risk.
Federal Employers Liability Act (FELA)
Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health problems. Fortunately, railroad workers can claim 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 rather than an individual defendant like in criminal cases.
The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it protects employees injured on the job because of their employer's negligence. Additionally, railroad employees are able to file claims against certain illnesses, such as mesothelioma.
Over the years, many railroad companies have been involved in 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 employees are able to sue these companies under FELA and also manufacturers of asbestos-containing products, such as boilers, locomotive parts and railcar siding.
Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos victims are eligible to make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from a variety of sources to pay for medical bills, lost wages and other expenses.
It is essential to choose an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can help you get the most compensation for your injury. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was an employee who carried 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 an important mesothelioma payout.
Understanding the statute of limitations and your rights in a settlement is crucial in the FELA case. The railroads that are defending themselves often try to reduce the amount of money paid to a victim, by claiming they are unable to prove that the illness was directly caused by their exposure on the job. It is important to seek legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
For many years, railroad workers have suffered from asbestos-related illnesses 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 was used throughout the railroad industry to insulate train engines, pipes and car parts.
In many instances, railroad workers were exposed to asbestos from work-related contact with equipment they were servicing and fixing. Workers also brought asbestos dust home on their clothing, exposing their spouses and children to the toxic mineral as well.
While railroad companies knew of the dangers of asbestos by 1935 however, they continued to use asbestos in their trains until the 1980s and 1990s. Unfortunately, a lot of these workers have developed life-threatening illnesses as a result of their exposure to the hazardous mineral.
Asbestos victims typically file FELA claims with the makers of asbestos-containing equipment for which they worked. The manufacturers could be held accountable for failing to warn of the dangers of their products, and for producing asbestos-containing products that were found to be dangerous.
Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the deceased's uncle worked. Arlington Heights asbestos lawsuits claims that the deceased's uncle frequently brought his work clothes home, and when they were wearing these clothes, his children would play with the deceased and roughhouse him as he was wearing his asbestos-covered work clothes. This lapse of care led to the mesothelioma that killed the family member.
When asbestos-related diseases like mesothelioma are discovered workers are deprived of the time they enjoyed retirement and the final chapters in life. These cases hold the companies accountable for having blatantly disregarding the health and safety requirements of dedicated railroad workers in order to maximize their profits.
Asbestos suits against railroad companies resulted in compensation for families and workers who were injured. Since a demonstration of injury that is manifest is required to bring a FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to file a claim. This is a clear violation to the tort law principle that compensates those who suffer due to others' actions.
State Law Claims
While federal law is the foundation for most asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers are able to handle claims under a variety of different laws and statutes to help injured workers and their families receive the compensation they deserve.
Asbestos was employed in a variety of railway components including locomotive engines, brakes and steam boilers. Asbestos dust was produced by machining and cutting many of these parts, which workers could breathe in. The asbestos dust can be inhaled and cause lung problems like mesothelioma.
If railroad workers contract mesothelioma, or other asbestos-related diseases, they can file a state-law claim against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. Additionally, state courts often give priority to and quickly forward cases brought by living plaintiffs.
This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing equipment she used to work on. Her family was unable win because the Supreme Court ruled her state-law claim was preempted by FELA.
The company that made 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 company was aware of the dangers that come with the use of asbestos in its products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families get the compensation they deserve. His vast experience in FELA cases including asbestos cases - has allowed him to obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping injured railroad workers and their families collect damages from those who are responsible for their ailments and injuries, including mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was used extensively in the construction of railroads, specifically in diesel and steam-powered trains. It also posed a threat to railroad workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive amounts of heat; however these qualities are what make it dangerous for those who work with it.
Due to the toxins present in asbestos, it can take years for the symptoms such as mesothelioma or lung cancer to develop. These illnesses can be extremely expensive for the victims and their families, as they need medical treatment and must deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation from various sources.
A mesothelioma lawyer is the most common way that injured railroad workers can be awarded financial compensation. These claims can be filed in federal courts or state courts in which a railroad company is located. Injured victims must prove their employer was negligent and they have the right to financial compensation.
As opposed to other workplace injuries railroad workers do not have access to the traditional workers compensation system in the majority of states. Instead, they are qualified to file an action against their employers under the protections of FELA.
This is a civil claim where the injured person must prove that their employer's negligence caused mesothelioma or other injury. 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 case, the family of a deceased railway worker filed an asbestos suit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from progressing since the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their particular circumstances with an experienced attorney to better ensure that their legal rights are protected.