7 Practical Tips For Making The Most Out Of Your Railroad Asbestos Claims

Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot due to its durability and heat-resistant product. However, the same characteristics made asbestos a deadly and toxic material for those who came in contact with it.

Rail workers often brought asbestos dust particles home on their clothing or in their hair. This could put their families at risk.

Federal Employers Liability Act (FELA)

Asbestos is a hazardous material that railroad workers are exposed. Asbestos is a hazardous material which can cause health issues including cancer. Fortunately,  Baton Rouge asbestos lawsuits  can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, but it is filed against an employer, not a defendant as in a criminal case.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job due to the negligence of their employers. It also allows railroad employees to file claims if they suffer from certain ailments, such as mesothelioma.

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

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from multiple sources in order to help pay for medical bills, lost income, and other expenses.

It is crucial to find an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can help you obtain maximum compensation for your injury. 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 laborer who often brought asbestos dust home on his clothing and in his hair, and the cancer was diagnosed in 2012. Ken was able to speed up the case and the family was awarded an extensive mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is crucial when dealing with a FELA case. Defendant railroads often try to limit the amount paid to victims by claiming that they cannot prove that their illness is directly related to the exposure they endured at work. This is why it is so important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

For decades, railroad workers have suffered from asbestos-related illnesses for a long time. Although cars now outnumber trains for most passenger travel however, the rail system remains a vital part of freight transportation. Asbestos was used throughout the railroad industry to insulate trains, pipes and car parts.

In many instances railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or fixing. Workers brought asbestos dust home on their clothes, exposing their families to the toxic mineral.

While railroad companies knew of asbestos' dangers by 1935 however, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, many of these workers are now suffering from life-threatening diseases due to years of exposure to asbestos.

Asbestos victims often have to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. They could be held responsible for not warning of the risks associated with their products, or for producing asbestos-containing materials that was recognized as dangerous.

For instance, the family of an BNSF railroad worker who passed away from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake manufacturing plant in which the uncle of the deceased was employed. The family alleges that the deceased's uncle regularly brought his work clothing at home, and that when the clothes were on his children would play with him and roughhouse him when he was wearing asbestos-covered work clothing. This lapse of judgment led to mesothelioma which caused the death of the family member.

When asbestos-related illnesses like mesothelioma are discovered workers lose the time they enjoyed retirement and their final chapters in life. These cases bring to justice businesses that blatantly ignored the safety and health of their employees in order to increase their profits.

Asbestos suits against railroad companies resulted in compensations for families of injured workers. Because a manifest injury must be proven in order to establish an FELA case, many railroad workers who never suffered from an asbestos-related illness might not be able to make a claim. This is a clear violation of the tort law principle of compensation for those who suffer as a result of others' actions.

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, some railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers are able to deal with claims under a range of different laws and statutes to help injured workers and their families receive the compensation they deserve.

Asbestos was used extensively in railway components, such as steam boilers, locomotive engines and brakes. Asbestos dust was created by cutting and machining many of these components, which workers could breathe in. This asbestos dust can also be inhaled, which can cause lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file 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 juries and judges possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts often give priority to and quickly move cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welder at PATCO Railroad. She filed a lawsuit against the companies that made asbestos-containing products that she worked with. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.

The company that produced asbestos-containing products for which she worked filed an application for a summary judgment. They argued that her state law claim was invalid since it did not claim the manufacturer knew of the risks associated with the use of asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families receive the compensation they deserve. His vast experience in FELA cases that include asbestos exposure, has helped him achieve millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers injured and their families recover 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 railways. It was also deadly for the railway workers who were exposed the toxic substance. The material is extremely tough and is able to withstand massive quantities of heat. However these qualities are the reason it is dangerous to workers who work with it.

It can take years for mesothelioma-related symptoms and lung cancer to appear due to the toxins found in asbestos. These diseases can be extremely expensive for the families of victims who require medical treatment and have to deal with their physical pain and emotional suffering. Fortunately, asbestos-related diseases are eligible for compensation from various sources.

The most common way for injured railroad workers to get financial compensation is through the filing of a lawsuit by a mesothelioma lawyer firm. The claims can be filed in federal court, or state courts located close to the railroad's company. Injury victims must prove that their employer was negligent and they are entitled to financial compensation.

Unlike most other types of workplace injuries railroad workers don't have access to the standard workers compensation system in a majority of states. They are instead qualified to file a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the injured person must show that their employer's negligence led to their mesothelioma or other ailment. However an upcoming case that was brought before the Supreme Court highlights a roadblock that railroad workers face when they are trying to hold their employers accountable for exposing them to asbestos.

In this case the family of a deceased railway employee filed an asbestos suit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing since the claim is based on FELA which overrules state laws regarding asbestos claims. It is still important that railroad workers who are injured speak with an attorney about their particular situation so they can ensure all of their legal rights are secured.