The History Of Railroad Asbestos Claims In 10 Milestones

Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing products because it was a highly robust and heat-resistant material. The same properties also made asbestos toxic and deadly to anyone who came into contact with it.

Often, rail employees often carry asbestos dust particles that are deadly with them on their clothes and hair. This could put their families in danger as well.

Federal Employers Liability Act

Asbestos is a dangerous material that railroad workers are exposed to. Asbestos is a dangerous material which can cause illnesses, including cancer. Thankfully, railroad workers can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, except that it is filed against an employer rather than an individual defendant like in criminal cases.

The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers workers injured on the job due to the negligence of their employers. It also permits railroad workers to file claims against certain illnesses, such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers may sue these companies, as well as the manufacturers of asbestos-containing goods like locomotive parts or boilers.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from a variety of sources to pay for medical expenses, lost income and other expenses.

It is essential to choose an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in obtaining maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented a family 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 on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able speed up the case and the family was awarded a substantial mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is crucial when dealing with the FELA case. Railroads that are defending themselves often attempt to limit the amount they pay out to a victim by arguing that they cannot prove that their illness is directly related to the exposure they endured at work. It is crucial to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For many years railroad workers have been suffering from asbestos-related illnesses for a long time. Rail remains an important part of freight transportation despite the fact that cars are the most popular mode of travel for passengers. Asbestos has been used in the railroad industry for decades to protect engine parts, pipes, and other automobile components.

In many instances railroad workers were exposed to asbestos through working contact with the equipment they were servicing and repair. Workers also brought asbestos lawyer dust home on their clothing, exposing their spouses and children to the toxic mineral, too.

While railroad companies knew of asbestos' dangers by 1935, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening illnesses due to years of occupational exposure.

Asbestos victims frequently file FELA claims against the manufacturers of asbestos attorney-containing equipment for which they worked. These manufacturers can be held accountable for failing to warn of the dangers of their products as well as 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 plant at which the deceased's nephew worked. The family alleges that the deceased's uncle regularly brought his work clothes to his home, and if he wore these clothes his children would play with him and roughhouse him when he was wearing asbestos-covered work clothing. This negligence led to the mesothelioma that caused the death of the family member.

When asbestos-related illnesses like mesothelioma is diagnosed workers lose the time they would have had to enjoy retirement and their final chapters in life. These cases are a way to hold accountable corporations that have blatantly disregard for the safety and health of dedicated railroad employees to increase their profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a clear injury must be shown in order to establish an FELA case, countless railroad workers who have not developed an asbestos-related illness may not be able make claims. This is a clear breach of the tort law principle of compensation for the victims of other people's actions.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits, a few railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers can deal with claims under a range of laws and statutes to ensure injured workers and their families receive the justice they deserve.

Asbestos was extensively used in railway components such as locomotive engines, steam boilers 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 ingested, causing lung issues like mesothelioma.

If railroad workers develop mesothelioma or other asbestos-related diseases, they can bring a state-law suit against their employers and manufacturers of the products that exposed them to asbestos attorneys. These claims are filed before state courts which are where juries and judges possess vast experience in determining the compensation for mesothelioma patients. State courts also have priority and advance cases filed by living mesothelioma patients.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing products she worked on. The family was not able to win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing equipment she worked on filed an application for summary judgment and argued that her state law claim was not valid since it did not state that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families get the compensation they are entitled to. His extensive experience in FELA cases - including those involving asbestos - has allowed him to secure millions of dollars for his clients in verdicts and settlements. He is committed to helping injured railroad workers and their families recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction and design of railroads. However, it proved to be extremely deadly for the railway workers who were exposed to the toxic material. The material is durable and is able to withstand extreme heat, but these properties makes it dangerous for people who work with them.

It can take years for symptoms like mesothelioma and lung cancer to show up due to the toxins found in asbestos. These illnesses can be very costly for victims and families, as they require medical treatment and to deal with their physical pain and emotional trauma. Asbestos-related diseases can be compensated by a variety of sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can be awarded financial compensation. These lawsuits can be filed in federal courts or state courts where a railroad company is located. An injured victim must demonstrate 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. Rather, these workers are legally able to bring a lawsuit against their employers under the protections of FELA.

This kind of claim is a civil lawsuit in which the person who has suffered injury must prove that the negligence of their employer led to their mesothelioma or another injury. However the recent case that was brought to the Supreme Court highlights a roadblock for railroad workers who attempt to claim their employers are responsible for the exposure they have to asbestos.

In this particular case, a family member of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from going forward because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured talk to an attorney about their particular situation so they can ensure all of their legal rights are secured.