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Railroad Asbestos Claims Railroad workers frequently used or worked with asbestos-containing materials because it was a highly durable and heat-resistant substance. However, these same qualities made asbestos poisonous and deadly for anyone who came into contact with it. Most often, railway workers would take deadly asbestos dust fibers home on their clothes and hair. This could also put their families in danger. Federal Employers Liability Act Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer instead of a defendant like a criminal case. The FELA is a federal law that was passed in 1908 to protect railroad workers injured on the job. FELA is different than the state's worker's compensation laws because it protects employees who are injured on the job due to their employers negligence. It also allows railroad employees to file claims for certain diseases like mesothelioma. Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads that have been involved in asbestos litigation over the years. Railroad workers could sue these companies and manufacturers of asbestos-containing products such as locomotive parts or boilers. In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers can file state law claims as well as FELA claims. This allows families to seek compensation from various sources to pay for medical expenses, lost wages and other expenses. If you are filing a FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy's attorneys have an extensive knowledge of mesothelioma and can help you get 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 a laborer who frequently brought asbestos dust home on his clothes and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able expedite the case and his family was awarded a significant mesothelioma settlement. Understanding the statute of limitation and your rights in a settlement is crucial when dealing with a FELA case. Railroads that defend themselves frequently try to cut down on the amount they pay to the victim, claiming they cannot prove the illness was caused directly by their negligence to the work environment. This is why it is important to seek legal assistance from an experienced railroad attorney. Asbestos Manufacturers For decades, railroad workers have suffered from the effects of asbestos exposure. While cars are now surpassing trains for most passenger travel however, the rail system remains an essential component of freight transportation. Asbestos has been used in the railroad industry for decades to insulate engine parts pipes and other components of automobiles. In many cases, railroad workers were exposed to asbestos from working contact with the equipment they were servicing and repair. Workers also brought home asbestos dust on their clothes, exposing their spouses and children to the harmful mineral too. Railroad companies were aware of asbestos' dangers in 1935, yet they continued to use the material on their trains into the 1980s and 90s. Unfortunately, a lot of these workers are currently suffering from serious illnesses due to years of occupational exposure. Asbestos victims typically file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. They can be held liable for failing to warn consumers about the dangers of their products and for producing asbestos-containing products that were known to be dangerous. Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the uncle who died was employed. The family alleges that the deceased's uncle frequently brought his work clothes 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 clothes. This lapse of care led to the mesothelioma cancer that killed the family member. When employees are diagnosed with asbestos-related diseases like mesothelioma, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases bring to justice companies that flagrantly disregarded the safety and health of dedicated railroad employees to maximize their own profits. Asbestos suits against railroad companies led to compensations for injured workers and families. Unfortunately, because a showing of a manifest injury is required for bringing an FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to file an claim. This is a clear violation of the underlying principle of tort law, which is to compensate those who suffer due to the actions of others' actions. State Law Claims While federal law is the legal basis for most asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos lawyers can deal with claims under a range of different laws and statutes to ensure that injured workers and their families receive the amount of compensation they are entitled to. Asbestos was employed in various railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was produced by cutting and machining many of these components, which workers could inhale. This asbestos dust can also be ingested, causing lung issues like mesothelioma. If railroad workers suffer from mesothelioma or other asbestos-related diseases, they may make a claim under the state law against their employers as well as the makers 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 appropriate amount of compensation for mesothelioma patients. State courts also offer priority and advance cases filed by living mesothelioma patients. Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She filed a lawsuit against the companies that produced asbestos-containing products she worked with. Unfortunately, her family was unable to prevail since the Supreme Court ruled that her state law claim was preempted by FELA. The company that produced the asbestos-containing products for which she worked filed an application for a summary judgment. They argued that her state law claim was not valid because it did not state that the company was aware of the dangers associated with using asbestos in its products. Vacaville asbestos lawsuit agreed and dismissed her claims. Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they deserve. His vast experience in FELA cases including asbestos cases – has allowed him to secure millions of dollars for his clients through settlements and verdicts. 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 handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana. Compensation Asbestos was used extensively in the construction of railroads, particularly in steam- and diesel-powered trains. However, it proved to be very deadly for many railway workers who were exposed to the toxic material. The material is very durable and can withstand huge amounts of heat; however these properties are the reason it is dangerous for those who work with it. Because of the toxins in asbestos, it could take decades for symptoms such as mesothelioma or cancer to develop. These illnesses can be very expensive for families and victims because they require medical attention and have to deal with their physical pain and emotional trauma. Asbestos-related illnesses can be compensated by a variety of sources. A mesothelioma lawyer is the most commonly used method by which railroad workers injured can receive financial compensation. The claims can be filed in federal court or state courts in which a railroad company is located. The injured party must prove that their employer was negligent and that they are entitled to financial compensation. In contrast to other types of workplace injuries, railroad workers do not have access to the traditional workers' compensation system in most states. These workers can sue their employers for compensation under FELA protections. This kind of claim is a civil action where the victim must show that negligence by their employer caused their mesothelioma, or other ailment. However the recent case that was that was brought before the Supreme Court highlights a roadblock for railroad workers who attempt to make their employers accountable for exposing them to asbestos. In this case the family of a deceased railway worker filed an asbestos lawsuit against PATCO. 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. However, it is crucial for injured railroad workers to discuss their specific situation with an experienced attorney so that they can better ensure all legal rights are secured.