How To Tell If You're All Set For Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers frequently used or worked around asbestos-containing materials due to its durable and heat-resistant material. But, these same qualities made asbestos poisonous and deadly for those who came in contact with it.
Most often, railway workers would carry asbestos dust that is deadly on their clothes and hair. This could also put their families in danger.
Federal Employers Liability Act (FELA)
Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim functions similarly to a personal injuries lawsuit, with the exception that 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 injured on the job. FELA is different than the state's worker's compensation laws because it protects employees who suffer injuries on the job due to their employers negligence. It also permits railroad workers to file claims for specific illnesses, such as mesothelioma.
Over the years, several railroad companies have been involved with asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad workers may sue these companies, as well as the manufacturers of asbestos-containing goods such as locomotive parts or boilers.
In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma patients can file state law claims, as well as FELA claims. This permits families to seek compensation from a variety of sources to help pay medical bills, lost wages and other expenses.
When submitting an FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma knowledge that can assist you in obtaining the maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able expedite the case, and the family received an important mesothelioma settlement.
Understanding the statute of limitations and your rights in a settlement is essential when deciding on the FELA case. The railroads that are defending themselves often try to reduce the amount of money paid to a victim, claiming that they can't prove that the illness was directly caused due to their exposure on the job. It is crucial to seek the legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered from the ravages of asbestos exposure for years. Although cars have now surpassed trains for most passengers, the rail network remains a vital part of freight transportation. Asbestos was employed throughout the railroad industry to shield train engines, pipes and car parts.
Rail workers are frequently exposed to asbestos because of their work with the equipment they service and repair. Workers also brought home asbestos dust on their clothes, exposing their children and spouses to the harmful mineral as well.
Railroad companies were aware of asbestos' dangers in 1935, but they continued to employ the material in their trains throughout the 1990s and into the 1980s. Sadly, many of these workers have now developed life-threatening illnesses as a result of exposure to the dangerous mineral.
Asbestos victims frequently are required to file FELA claims against the manufacturers of asbestos-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 manufacturing asbestos-containing materials that were found to be dangerous.
For example the family of the BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant where the nephew of the deceased worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire home and his children would beat him while the clothes were on. This lapse in judgment led to mesothelioma that killed the family member.
When asbestos-related illnesses like mesothelioma are discovered, workers lose the time they would have been able to enjoy retirement and their final years. These cases bring to justice corporations that have blatantly disregard for the health and safety of railroad workers to increase their profits.
Asbestos lawsuits against railroads resulted in compensations for injured workers and families. Unfortunately, because a showing of injury that is manifest is required for bringing an FELA claim, countless seemingly healthy railroad workers who don't suffer from an asbestos-related illness may be unable to make such a claim. This is clearly in violation of the underlying principle of tort law, which is to compensate people who suffer as a result of other' actions.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to handle claims under a variety of laws and statutes to ensure injured workers and their families get the amount of compensation they are entitled to.
Asbestos was used in a variety of railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was generated through cutting and machining of these components, which workers could breathe in. This asbestos dust can also be ingested, causing lung problems 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 manufacturers of the products that exposed them asbestos. These claims are filed before state courts, where judges and juries possess extensive experience in determining compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living mesothelioma victims.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder at PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products she worked on. However her family was unable to prevail since the Supreme Court ruled that her state law claim was preempted by FELA.
The company that made the asbestos-containing equipment that she worked on filed an application for summary judgment and argued that her state law claim was not viable since it did not state that the manufacturer knew the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their family members of those who suffer from the same get the compensation they are entitled to. His extensive experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families collect damages from those responsible for their injuries, illnesses and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
va asbestos claims was used extensively in the construction of railroads, specifically in steam- and diesel-powered trains. It was also deadly for many railway workers exposed to the toxic substance. The material is tough and can be able to withstand extreme heat, however these properties make it dangerous for those who work with them.
Because of the toxins in asbestos, it can take years for the symptoms such as mesothelioma or cancer to show up. These conditions can be extremely costly for victims and families, as they require medical treatment and to deal with their physical and emotional pain. Fortunately, victims of asbestos-related diseases are eligible for compensation from a variety of sources.
The most common way for injured railroad workers to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal courts, or state courts located close to the railroad company. A victim of injury must be able to prove that the negligence of their employer caused their injury, and they are owed financial compensation.
Railroad workers are not covered under the standard workers compensation system in many states. Railroad workers are able to sue their employers under FELA protections.
This kind of claim is a civil suit in which the person who has suffered injury must show that their employer's negligence caused mesothelioma or other ailment. However the recent case that was filed before the Supreme Court highlights a roadblock facing some railroad workers who are trying to hold their employers accountable for the exposure they have to asbestos.
In this case the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nevertheless important for railroad workers injured to discuss their specific situation with an experienced attorney so that they can better ensure that their legal rights are protected.