Railroad Asbestos Claims
Railroad workers often utilized or worked around asbestos-containing materials because it was a highly robust and heat-resistant material. However, these same qualities made asbestos toxic and deadly for those who came in contact with it.
Rail workers frequently brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families at risk as well.
Federal Employers Liability Act
Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health problems. Fortunately, railroad workers are eligible for compensation 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 and not the defendant in criminal cases.
The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA is different than the state's worker's compensation laws, because it protects employees who are injured on the job due to their employers ' negligence. It also permits railroad workers to file claims when they suffer from certain ailments such as 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 which have been involved in asbestos litigation throughout the years. Railroad employees can sue these companies under FELA as well as producers of asbestos-containing products such as boilers, locomotive parts and railcar siding.
Lubbock asbestos lawsuit have their own programs for workers' compensation, in addition to federal law. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from various sources to pay for medical bills, lost wages and other expenses.
It is important to hire an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining the most compensation for your injury. Ken Danzinger, a 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 laborer who frequently brought asbestos dust to his home on his clothing and in his hair. Eventually, the cancer was diagnosed in 2012. Ken was able expedite the case, and the family received an important mesothelioma settlement.
It is important to be aware of the statute of limitations and your rights to settlement when settling the FELA claim. Railroads who are defendants frequently try to limit the amount they pay out to a victim by claiming that they cannot prove that their illness is directly linked to their work-related exposure. This is why it is important to seek legal help from an experienced attorney for railroads.
Asbestos Manufacturers
Many railroad workers have suffered the effects of asbestos exposure for a long time. Although cars now outnumber trains for the majority of passengers, the rail network remains an essential component of freight transportation. Asbestos was employed throughout the railroad industry to protect pipelines, engines and car parts.
Rail workers are frequently exposed to asbestos as they working with equipment they maintain and repair. Workers brought asbestos dust home on their clothing, which exposed their families to the poisonous mineral.
Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the substance on their trains through the 1980s and 90s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of exposure to asbestos in the workplace.
Asbestos victims typically have to file FELA claims with the manufacturers of asbestos-containing equipment with which they worked. These manufacturers may be held responsible for not advising of the dangers associated with their products, as well as for producing asbestos-containing materials that was known to be harmful.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died from mesothelioma. The company was the owner of the brake plant where the nephew of the deceased worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire at home, and his children would slap him when they saw him in these clothes. This lapse of care led to the mesothelioma which caused the death of the family member.
When employees are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases are a way to hold companies accountable for having flagrantly neglected the safety and health requirements of dedicated railroad employees in order to maximize profits.
Asbestos lawsuits against railroads led to compensations for injured workers and families. Because a manifest injury must be shown to be able to bring a FELA case, thousands of railroad workers who never suffered from an asbestos-related illness might not be able to make a claim. This is a clear infringement of the tort law principle that compensates those who suffer as a result of the actions of others.
State Law Claims
While federal law is the basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to handle claims under various statutes and laws to help injured workers get the compensation they deserve.
Asbestos was used in a variety of railway components including locomotive engines, brakes and steam boilers. Asbestos dust was generated by cutting and machining many of these parts, which workers could inhale. The asbestos dust can be inhaled and cause lung problems like mesothelioma.
If railroad workers develop mesothelioma, or any other asbestos-related diseases, they can bring a state-law suit 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 the compensation for mesothelioma sufferers. State courts also have priority and advance cases filed by living mesothelioma victims.
Sandra Brust, from New Jersey, developed mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who made asbestos-containing products she worked on. However her family was not able to prevail as the Supreme Court ruled that her state law claim was preempted by FELA.
The company that manufactured the asbestos-containing products on which she worked filed an application 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 risks associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those people obtain the compensation that they deserve. His extensive background in FELA cases that include asbestos exposure, has helped him secure millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers injured and their families collect damages from those responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was widely used in the design and construction of railways. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is extremely durable and can withstand huge amounts of heat. However these qualities are what make it dangerous for people who work with it.
It could take years for symptoms like mesothelioma and lung cancer to manifest because of the toxins in asbestos. These diseases can be extremely expensive for the families of victims because they require medical treatment and have to bear the physical pain and emotional trauma. Asbestos-related diseases can be compensated by a variety of sources.
The most common method for injured railroad workers to receive financial compensation is through an action filed by a mesothelioma lawyer firm. These claims can be filed in federal courts or state courts where railroad companies are located. An injured victim must prove that the negligence of their employer caused their injury, and they are entitled to financial compensation.
Railroad workers aren't covered under the standard workers compensation system in many states. They can sue their employers for compensation under FELA protections.
This is a civil lawsuit where the injured person must prove that their employer's negligence caused their mesothelioma or any other injuries. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them to asbestos.
In this particular case, a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA which goes over 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 be sure that all of their legal rights are protected.