5 The 5 Reasons Railroad Asbestos Claims Is Actually A Good Thing
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 characteristics also made asbestos poisonous and deadly to anyone who came into contact with it.
In many cases, rail workers would carry asbestos dust that is deadly with them on their clothing and hair. This could put their families in danger.
Federal Employers Liability Act (FELA)
Asbestos is a dangerous material that railway workers are exposed to. Asbestos can cause cancer and other health problems. Fortunately, railroad employees can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, but it is filed against an employer, not a defendant as in criminal cases.
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 workers' compensation laws in that it protects employees who are injured on the job because of their employer's negligence. It also allows railroad workers to file claims if they develop certain illnesses such as mesothelioma.
A number of railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads who have been involved in asbestos litigation over the years. Railroad workers can sue these companies under FELA as well as 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-related mesothelioma victims are able to file state-law claims as well as FELA claims. This allows families to pursue compensation from a variety of sources to pay medical expenses, lost income and other expenses.
If you are filing an FELA claim it is crucial to choose an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can help you obtain maximum 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 scrapper of steam engines. He was a worker who brought asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case and the family was awarded a substantial mesothelioma settlement.
It is important to be aware of the statute of limitations and your rights to an agreement when you are dealing with the FELA claim. Railroads that are defending themselves often attempt to reduce the amount of money paid to victims by arguing that they cannot prove that the illness is directly connected to the exposure they endured at work. This is why it is important to seek legal assistance from an experienced railroad attorney.
Asbestos Manufacturers
For decades railroad workers have been suffering from the effects of asbestos exposure. While cars are now surpassing trains for the majority of passenger travel but the rail network is an essential element of freight transportation. Asbestos was utilized throughout the railroad industry to protect pipelines, engines and car components.
In many cases railroad workers were exposed to asbestos through work-related contact with equipment they were servicing or repair. Workers also brought asbestos dust home on their clothes, which exposed their spouses and children to the harmful mineral, too.
Although railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ it on their trains until the 1980s and the 1990s. Sadly, many of these workers have developed life-threatening illnesses as a result of their exposure to the hazardous mineral.
Asbestos victims frequently file FELA claims with the makers of asbestos-containing equipment with which they worked. The manufacturers could be held liable for failing to warn about the dangers of their products as well as for manufacturing asbestos-containing materials that were known to be dangerous.
For instance the family of an BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the uncle who died was employed. The family claims that the deceased's uncle often brought his work clothing at home, and that when they were wearing these clothes, his children would play with him and roughhouse him when he was wearing his asbestos-covered work clothes. This negligence led to mesothelioma that caused the death of the family member.
If workers are diagnosed with asbestos-related diseases like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases bring to justice corporations that have blatantly disregard for the safety and health of dedicated railroad employees to increase their profits.
Asbestos suits against railroad companies resulted in compensation for injured workers and families. Since a demonstration of a manifest injury is required for bringing a FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to make such an claim. This is a clear breach of the tort law principle of compensation for those who suffer as a result of others' actions.
State Law Claims
While federal law is the basis for the majority of asbestos lawsuits filed against railroad workers, state law could provide additional protections. Asbestos lawyers can handle claims under a variety of laws and statutes to ensure injured workers and their families receive the amount of compensation they are entitled to.
Asbestos was widely used in railway components like steam boilers, locomotive engines and brakes. Many of these components required cutting or machining which produced airborne asbestos dust that could be breathed in by workers. The asbestos dust can be ingested, causing lung diseases like mesothelioma.
If railroad workers contract mesothelioma, or other asbestos-related diseases, they may file a state-law claim against their employers and manufacturers of the products which exposed them to 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 often offer priority to and swiftly move cases brought by living plaintiffs.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma after working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced asbestos-containing products that she worked on. However her family was not able to prevail because the Supreme Court ruled that her state law claim was preempted by FELA.
The company that manufactured the asbestos-containing products for which she worked, filed an application for a summary judgment. St. Paul asbestos lawsuits asserted that her state law claim was invalid because it did not state that the manufacturer was aware of the dangers associated with asbestos being used in its products. The Supreme Court dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the family members of those who suffer from the same obtain the compensation that they deserve. His vast experience in FELA cases which include asbestos - has helped him to secure millions of dollars for his clients in verdicts and settlements. He is dedicated to helping injured railroad workers and their families collect damages from those responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was extensively used in the construction of railroads, particularly in diesel- and steam-powered trains. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely durable and capable of withstanding immense quantities of heat. However these properties are the reason it is dangerous for workers who work with it.
It could take years for symptoms like mesothelioma and lung cancer to appear due to the toxins that are found in asbestos. These illnesses can be very expensive for families and victims, as they require medical treatment and have to bear the physical pain and emotional trauma. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation from a variety of sources.
A mesothelioma lawyer is the most common method by which railroad workers injured are able to receive financial compensation. The claims can be filed in federal courts or state courts near the railroad company. An injured victim must demonstrate that the negligence of their employer caused their injury, and they are owed financial compensation.
As opposed to other types of workplace injuries railroad workers don't have access to the traditional workers compensation system in the majority of states. Rather, these workers are eligible to file a lawsuit against their employers under the protections of FELA.
This kind of claim is a civil lawsuit where the injured person must prove that their employer's negligence caused mesothelioma or another injury. However the recent case that was filed before the Supreme Court highlights a roadblock facing some railroad workers who are trying to claim their employers are responsible 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. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block the lawsuit from proceeding because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific circumstances with an experienced lawyer to better ensure that all legal rights are protected.