10 Unexpected Railroad Asbestos Claims Tips
Railroad Asbestos Claims
Railroad workers often used or worked with asbestos-containing materials due to its durable and heat-resistant substance. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.
Most often, railway workers often carry asbestos dust that is deadly with them on their clothes and hair. This could put their families in danger as well.
Federal Employers Liability Act
Asbestos is a hazard that railroad workers are exposed to. Asbestos is a hazardous material that can cause many health problems such as cancer. Fortunately railroad workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but is filed against the employer instead of a defendant like criminal cases.
The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state's worker's compensation laws, since it covers workers who are injured on the job due to their employers negligence. It also allows railroad workers to file claims when they suffer from certain ailments such as mesothelioma.
Over the years, a number of railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroads who have been involved in asbestos litigation over the years. Railroad employees are able to 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 attorneys-related victims can make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from various sources to pay for medical expenses, lost wages and other costs.
It is important to hire an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented the family of a man who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was an employee who brought asbestos attorneys dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case and the family received a significant mesothelioma payout.
Understanding the statute of limitation and your rights in a settlement are crucial in an FELA case. Railroads who are defendants frequently try to limit the amount of money paid out to a victim by claiming that they can't prove that their illness is directly related to the exposure they endured at work. It is important to seek the legal guidance of a seasoned railroad lawyer.
Asbestos Manufacturers
For many years, railroad workers have suffered from asbestos exposure for years. Rail is still a vital component of freight transportation despite the fact that automobiles are now the most preferred mode of transport for passengers. Asbestos was used in the railroad industry for decades to protect engine parts, pipes and automobile components.
Rail workers are frequently exposed to asbestos as they working with equipment they maintain and repair. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral.
Railroad companies were aware of asbestos' dangers in 1935, yet they continued to use the substance on their trains into the 1990s and into the 1980s. Unfortunately, a lot of these workers have developed life-threatening illnesses as a result of years of occupational exposure to the dangerous mineral.
Asbestos victims often file FELA claims with the makers of asbestos-containing equipment on which they worked. They could be held accountable for failing to warn of the dangers associated with their products, or for producing asbestos-containing materials that was known to be harmful.
For example the family of a BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company owned the brake plant where the nephew who died worked. The family alleges that the deceased's uncle regularly brought work clothes at home, and that when he wore these clothes, his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothes. This negligence led to the mesothelioma which killed the family member.
When asbestos-related diseases such as mesothelioma are discovered workers are deprived of the time they would have enjoyed retirement and the final chapters in life. These cases are a way to hold accountable businesses that blatantly ignored the health and safety of their employees in order to increase their profits.
Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. However, since a proof of manifest injury is required for bringing an FELA claim, countless seemingly healthy railroad workers who don't get sick due to asbestos may be unable to make such a claim. This is a clear violation to the tort law principle that pays the victims of others' actions.
State Law Claims
While federal law is the foundation for most asbestos lawsuits, certain railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers are able to handle claims under different statutes and laws in order to ensure injured workers receive the compensation they need.
Asbestos was used extensively in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was created through cutting and machining of these parts, which workers could breathe in. The asbestos dust could be ingested and cause lung diseases such as mesothelioma.
When railroad workers suffer from mesothelioma, or other asbestos-related diseases, they may have state-law claims against their employers as well as the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. Additionally, state courts typically offer priority to and swiftly forward cases filed by living plaintiffs.
This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welder at PATCO Railroad. She sued the companies that manufactured the asbestos-containing equipment that she worked on. Her family was unable prevail because the Supreme Court ruled her state-law claim was preempted by FELA.
The company that made the asbestos-containing equipment that she worked on filed a motion for summary judgment in support of her state-law claim was not viable because it did not allege that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court dismissed her claims.
Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families receive the compensation they deserve. His extensive experience in FELA cases including asbestos cases has helped him secure millions of dollars for his clients through settlements and verdicts. He is dedicated to helping injured railroad workers and their families collect damages from the parties responsible for their ailments and injuries, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was widely used in the design and construction of railroads. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely durable and can withstand huge amounts of heat; however, these qualities are exactly what make it dangerous to people who work with it.
It could take years for mesothelioma-related symptoms and lung cancer to show up due to the toxins that are found in asbestos. These conditions can be very expensive for the victims and their families as they require medical treatment and must deal with their physical and emotional pain. Asbestos-related ailments can be paid through a variety of sources.
A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured are able to receive financial compensation. The claims can be filed in federal courts, or state courts located close to the railroad company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.
Railroad workers aren't covered by the standard workers compensation system in a number of states. Instead, they are qualified to file 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 other ailment. However an upcoming case brought to the Supreme Court highlights a roadblock that railroad workers face when they are trying to make their employers accountable for exposing them to asbestos.
In this particular instance, the family member of the deceased railway worker filed an asbestos lawsuit - Writeablog.Net, against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing because the claim is based on FELA, which trumps state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their specific situation with an experienced lawyer so that they can better ensure that their legal rights are secured.
