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Railroad Asbestos Claims Railroad workers often utilized or worked with asbestos-containing products due to its durable and heat-resistant material. These same qualities also made asbestos toxic and deadly to anyone who came into contact with it. Rail workers frequently brought asbestos dust particles home on their clothes or in their hair. This could expose their families to danger as well. Federal Employers Liability Act (FELA) Railroad workers are often exposed to asbestos. Asbestos is a dangerous material which can cause health issues, including cancer. Fortunately, railroad employees can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, but it is filed against an employer, not the defendant in a criminal case. The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state's worker's compensation laws because it protects employees who are injured on the job due to their employers ' negligence. Additionally, railroad employees are able to file claims for certain illnesses, such as mesothelioma. Numerous railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations such as Amtrak and Transtar and 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 products such as locomotive parts, boilers 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 various sources to pay for medical expenses, lost income and other expenses. It is crucial to find an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers possess a wealth mesothelioma expertise and can help you get the most compensation for your injury. Ken Danzinger, shareholder at the firm, represented the family member who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a worker who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case, and the family received an extensive mesothelioma settlement. It is essential to understand the statute of limitations and your rights to settlement when settling an FELA claim. The railroads who defend themselves often attempt to cut the amount of money paid to a victim, claiming they cannot prove the illness was caused directly due to their exposure to the work environment. It is important to seek legal guidance of a seasoned railroad lawyer. Asbestos Manufacturers For decades, railroad workers have suffered from asbestos exposure for years. Rail is still a vital component of freight transportation even though cars are now the most popular mode of travel for passengers. Asbestos was used in the railroad industry for decades to insulate engine parts pipes, and other automobile components. Rail workers are often exposed to asbestos as they work with equipment that they repair and service. Workers wore asbestos dust on their clothing, which exposed their families to the toxic mineral. While railroad companies were aware of the dangers of asbestos by 1935, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, many of these workers are now suffering from life-threatening illnesses due to years of exposure to asbestos in the workplace. Asbestos victims typically have to file FELA claims against manufacturers of the asbestos-containing equipment that they used. They can be held accountable for their failure to warn consumers about the dangers of their products and for producing asbestos-containing products that were found to be harmful. Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company was the owner of the plant that made brakes where the uncle of the deceased worked. The family claims that the deceased's uncle would often bring his asbestos-covered work clothes home and his children would beat him when the clothes were on. This lapse in judgment led to mesothelioma cancer that caused the death of the family member. If workers are diagnosed with asbestos-related illnesses like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold accountable companies that flagrantly disregarded the health and safety of dedicated railroad employees to increase their profits. Asbestos lawsuits filed against railroad companies have resulted in compensation claims for injured workers and their families. Unfortunately, because a showing of manifest injury is required to file an FELA claim, many seemingly healthy railroad workers who do not suffer from an asbestos-related illness may not be able to bring a claim. This is a clear infringement to the tort law principle that compensates those who suffer due to other people's actions. State Law Claims While federal law is the basis for the majority of 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 employed in a variety of railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was produced through cutting and machining of these components, which workers could breathe in. The asbestos dust can be inhaled, causing lung problems such as mesothelioma. If railroad workers contract mesothelioma or other asbestos-related diseases, they may bring a state-law suit against their employers and manufacturers of the products which exposed them to asbestos. These claims are brought before state courts where juries and judges possess extensive experience in determining compensation for mesothelioma sufferers. State courts also have priority and advance cases filed by living victims. Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing products she worked with. The family was not able to win because the Supreme Court ruled her state-law claim preempted FELA. The company that made the asbestos-containing equipment she worked on filed an application for summary judgment, arguing that her state-law claim was unconvincing since it did not state that the manufacturer knew the risks of using asbestos in their products. The Supreme Court dismissed her claims. Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and loved ones of those people obtain the compensation that they are entitled to. His extensive experience in FELA cases – including those involving asbestos has helped him obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers injured and their loved ones 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. It was also deadly for many railway workers exposed to the toxic substance. The material is tough and can endure extreme heat, but these qualities are what makes it dangerous for people who work with them. Due to the toxins found in asbestos, it can take decades for signs such as mesothelioma or cancer to manifest. These diseases can be extremely costly for victims and their families since they require medical treatment and are faced with physical and emotional suffering. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from a variety of sources. A mesothelioma lawyer is the most common method through which railroad workers who have been injured can be awarded financial compensation. The claims can be filed in federal courts or state courts in which the railroad company is. 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 standard workers compensation system in the majority of states. Rochester asbestos lawyer are instead qualified to file a lawsuit against their employers under the protections of FELA. This type of claim is a civil suit where the victim must prove that the negligence of their employer led to their mesothelioma or other injury. However, a recent case that was brought before the Supreme Court highlights a roadblock for railroad workers who are trying to claim their employers are responsible for exposing them to asbestos. In this particular instance, an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from going forward because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney about their particular situation so they can ensure that their legal rights are protected.