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Railroad Asbestos Claims Railroad workers often utilized or worked with asbestos-containing products because it was a durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came in contact with it. Rail employees often carried asbestos dust particles to their homes on their clothes or in their hair. This could put their families at risk as well. Federal Employers Liability Act (FELA) Railroad workers are often exposed to asbestos. Asbestos is a hazardous material that can cause a variety of illnesses including 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 the defendant 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, as it covers employees who are injured on the job due to their employers negligence. It also permits railroad workers to file claims against certain illnesses, 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 which have been involved in asbestos litigation over the years. Railroad workers could sue these companies, as well as the producers of asbestos-containing items like locomotive parts or boilers. In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers are able to file state-law claims as well as FELA claims. This allows families to pursue compensation from a variety of sources to help pay for 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 a wealth of mesothelioma experience who can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, a 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 carried asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to expedite the case and the family was awarded a substantial mesothelioma settlement. It is essential to understand the time limit and your rights to an agreement when you are dealing with an FELA claim. The railroads who defend themselves often attempt to cut the money that is paid to a victim, by claiming that they can't prove that the illness was caused directly by their exposure at work. This is why it is important to seek legal help from an experienced attorney for railroads. Asbestos Manufacturers For many years, railroad workers have been suffering from asbestos-related illnesses for a long time. While cars are now surpassing trains for the majority of passenger travel, the rail network remains a vital part of freight transportation. Asbestos was employed throughout the railroad industry to insulate pipelines, engines and car components. Rail workers are often exposed to asbestos as they working with equipment they repair and service. Workers brought asbestos dust home on their clothing, which exposed their families to the toxic mineral. Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material on their trains through the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses because of years of occupational exposure. Asbestos victims typically are required to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. These manufacturers may be held responsible for failing to warn of the dangers associated with their products, or for manufacturing asbestos-containing material that was known to be harmful. Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant where the deceased's uncle was employed. The family claims that the deceased's uncle often brought work clothes at home, and that when they were wearing these clothes his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This negligence led to the mesothelioma that caused the death of the family member. When asbestos-related diseases like mesothelioma is diagnosed, workers lose the time they would have enjoyed retirement and the final years of life. These cases hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to maximize their own profits. Asbestos lawsuits against railroads resulted in compensation for injured workers and families. Since a demonstration of a manifest injury is required for bringing an FELA claim, many healthy railroad workers who don't get sick due to asbestos may not be able to bring claims. This is a clear violation of the fundamental principle of tort law: to compensate those who suffer as a result of other' actions. State Law Claims While federal law is the foundation for many asbestos lawsuits, some railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers are able to handle claims under different statutes and laws to ensure injured workers receive the compensation they need. Asbestos was employed in a variety of railway components like locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which resulted in the formation of airborne asbestos dust that could be breathed in by workers. The asbestos dust can be ingested, causing lung diseases like mesothelioma. If railroad workers develop mesothelioma or other asbestos-related illnesses, they can bring a state-law suit 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 vast experience in determining the compensation for mesothelioma patients. State courts also offer priority and advance cases filed by living mesothelioma victims. This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welder for PATCO Railroad. She sued the companies that made the asbestos-containing equipment that she worked on. Unfortunately her family was not able to prevail since 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 because it did not allege that the company was aware of the dangers that come with asbestos being used in its products. The Supreme Court dismissed her claims. Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their family members of those who suffer from the same receive the compensation they are entitled to. His extensive experience in FELA cases including asbestos cases – has allowed him to secure millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families collect damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana. Compensation Asbestos was widely used in the design and construction of railways. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely durable and is able to withstand massive quantities of heat. However these properties are the reason it is dangerous for those who work with it. Because of the toxins in asbestos, it can take decades for symptoms such as mesothelioma or lung cancer to show up. These diseases can be extremely expensive for the victims and their families, as they need medical treatment and must deal with their physical and emotional discomfort. Palm Bay asbestos lawsuit -related illnesses can be compensated by a variety of sources. A mesothelioma lawyer is the most common method by which railroad workers injured are able to receive financial compensation. These claims can be filed in federal courts or state courts where railroad companies are located. An injury victim must prove that the negligence of their employer caused their injury, and they are entitled to financial compensation. As opposed to other types of workplace injuries railroad workers don't have access to the traditional workers compensation system in a majority of states. Railroad workers are able to sue their employers under FELA protections. This kind of claim is a civil action where the victim must show that negligence by their employer led to their mesothelioma or other injury. However an upcoming case that was brought before the Supreme Court highlights a roadblock that railroad workers face when they attempt to hold their employers accountable for the exposure they have to asbestos. In this particular case, a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent the lawsuit from proceeding since the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk to an attorney about their particular circumstances so they can ensure all of their legal rights are protected.