10 Railroad Asbestos Claims Tips All Experts Recommend

Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing products due to its durable and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for those who came in contact with it.

Often, rail employees would take deadly asbestos dust fibers home with them on their clothing and hair. This could put their families at risk as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos.  Round Rock asbestos lawsuits  is a dangerous material that can cause many health problems including cancer. Fortunately, railroad employees are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer rather than an individual defendant as in criminal cases.

The FELA is a federal law adopted in 1908 to protect railroad workers who were injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job due to their employer's negligence. It also permits railroad workers to file claims for specific illnesses such as mesothelioma.

Several railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations such as Amtrak and Transtar and local state and municipal railroads. Railroad employees are able to sue these companies under FELA as well as manufacturers of asbestos-containing items like locomotive parts, boilers and railcar siding.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma sufferers are able to file state law claims as well as FELA claims. This allows families to pursue compensation from various sources in order to help pay medical expenses, lost income and other expenses.

It is crucial to find an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family member 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 clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case and the family was awarded an enormous mesothelioma settlement.

It is essential to understand the time limit and your rights to an agreement when you are dealing with the FELA claim. The railroads who defend themselves frequently try to cut down on the money that is paid to the victim, claiming they are unable to prove that the illness was caused directly by their negligence on the job. It is important 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 an integral part of freight transportation, even though automobiles are now the most popular mode of travel for passengers. Asbestos was employed throughout the railroad industry to protect trains, pipes and car parts.

Rail workers are often exposed to asbestos because of their work with equipment that they repair and service. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the harmful mineral, too.

Railroad companies were aware of the dangers associated with asbestos in 1935, but continued to use the substance in their trains throughout the 1990s and into the 1980s. Sadly, many of these workers have now developed life-threatening diseases as a result of exposure to asbestos, a dangerous mineral.

Asbestos victims frequently are required to file FELA claims with the makers of asbestos-containing equipment for which they worked. They could be held liable for not warning of the dangers associated with their products, or for manufacturing asbestos-containing material that was recognized as harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant where the deceased's nephew worked. The family alleges that the deceased's uncle regularly brought his work clothes at home, and that when they were wearing these clothes, his children would play with him and roughhouse him while he was wearing his asbestos-covered work clothes. This lapse of judgment led to mesothelioma which killed the family member.

When employees are diagnosed with asbestos-related illnesses like mesothelioma, they are taken away from 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 ignored 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 of injured workers. However, since a proof of a manifest injury is required to bring an FELA claim, countless seemingly healthy railroad workers who don't suffer from an asbestos-related illness may not be able to bring a claim. This is a clear violation of the underlying principle of tort law: to compensate those who suffer because of others' actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers are able to handle claims under a variety of statutes and laws in order to help injured workers receive the compensation they need.

Asbestos was employed in various railway components like locomotive engines, brakes, and steam boilers. Asbestos dust was produced by machining and cutting many of these parts, which workers could inhale. The asbestos dust may also be inhaled, causing lung diseases like mesothelioma.

When railroad workers suffer from mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers and the producers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. State courts also have priority and advance cases filed by living victims.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welding worker for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing equipment she used to work on. Unfortunately her family was not able to prevail as the Supreme Court ruled that her state law claim was preempted by FELA.

The company that produced the asbestos-containing products on which she worked filed a motion for a summary judgment. They claimed that her state law claim was not valid since it did not claim that the company was aware of the dangers that come with the use of asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their loved ones of those individuals get the compensation they deserve. 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 committed to helping railroad workers and their families obtain damages from those who are responsible for their illnesses, injuries, and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction of railroads, specifically in diesel- and steam-powered trains. Unfortunately, it also proved to be extremely deadly for many railway workers who were exposed to the toxic substance. The material is extremely tough and is able to withstand massive amounts of heat; however these qualities are what make it hazardous for people who work with it.

Due to the toxins present in asbestos, it can take years for the symptoms such as mesothelioma or cancer to develop. These conditions can be extremely expensive for the families of victims who require medical treatment and to endure physical pain and emotional suffering. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation through various sources.

A mesothelioma lawyer is the most commonly used way that injured railroad workers can be awarded financial compensation. The claims can be filed in federal courts or state courts close to the railroad's company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

In contrast to other types of workplace injuries, railroad workers do not have access to the standard workers' compensation system in most states. Rather, these workers are eligible to file an action against their employers under the protections of FELA.

This is a civil claim in which the person who is injured must prove that their employer's negligence caused their mesothelioma, or any other injuries. However, a recent case brought to the Supreme Court highlights a roadblock for railroad workers who are trying to hold their employers accountable for exposing them to asbestos.

In this particular case, the 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 this lawsuit from proceeding because the claim is based on FELA which goes over state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their specific situation with an experienced attorney to better ensure that their legal rights are protected.