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Railroad Asbestos Claims Rail workers used or worked with asbestos-containing products a lot because it was a durable and heat-resistant product. However, the same characteristics made asbestos a deadly and toxic material for those who came into contact with it. Often, rail employees would take asbestos dust that is deadly on their clothes and in their hair. This could put their families in danger. Federal Employers Liability Act (FELA) Railroad workers are often exposed to asbestos. Asbestos can cause cancer and other health problems. Fortunately railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, except that it is filed against an employer and not the defendant in the case of a criminal. The FELA is a federal law that was enacted in the year 1908 to protect railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers workers who are injured on the job due to their employer's negligence. It also permits railroad workers to file claims for certain illnesses such as mesothelioma. Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies that have been involved in asbestos litigation throughout the years. Railroad employees can sue these companies under FELA as well as producers of asbestos-containing products, such as locomotive parts, boilers and railcar siding. Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related victims can make state-law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from various sources to help pay medical bills, lost wages and other costs. It is crucial to find an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can assist you in getting the maximum amount of compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 to 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 to expedite the case and the family was awarded an extensive mesothelioma settlement. It is crucial to know the time limit and your rights to an agreement when you are dealing with an FELA claim. Railroads who are defendants frequently try to limit the amount paid to the victim by claiming that they can't prove that the illness is directly connected to their exposure at work. It is important to seek legal advice of an experienced railroad lawyer. Asbestos Manufacturers Many railroad workers have suffered from the effects of asbestos exposure for decades. Rail is still an integral part of freight transport despite the fact that automobiles are now the most preferred mode of travel for passengers. Asbestos was utilized throughout the railroad industry to insulate pipelines, engines and car components. Rail workers are often exposed to asbestos through their working with equipment they maintain and repair. Mission Viejo asbestos lawsuit wore asbestos dust on their clothes, exposing their families to the toxic mineral. Although railroad companies were aware of asbestos' dangers by 1935 but they continued to employ it on their trains until the 1980s and 1990s. Unfortunately, a lot of these workers are currently suffering from serious illnesses due to years of occupational exposure. Asbestos victims typically are required to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. These manufacturers can be held accountable for failing to warn consumers about the dangers of their products, and for producing asbestos-containing products that were known to be harmful. For example, the family of a BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company owned the brake plant at which the nephew who died worked. The family alleges that the deceased's uncle regularly brought his work clothing to his home, and if the clothes were on his children would play with him and roughhouse him when wearing asbestos-covered work clothes. This negligence caused the mesothelioma that killed the family member. When asbestos-related diseases like mesothelioma is diagnosed workers lose the time they would have been able to enjoy retirement and the final years of life. These cases are a way to hold accountable companies that flagrantly disregarded the safety and health of their employees in order to increase their profits. Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a clear injury has to be proved to be able to bring an FELA case, thousands of railroad workers who never developed an asbestos-related illness may not be able to file an claim. This is a clear breach to the tort law principle that pays the victims of other people's actions. State Law Claims While federal law is the basis for most asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos lawyers can deal with 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 machining or cutting which created asbestos dust that could be inhaled by workers. The asbestos dust can be inhaled and cause lung issues such as mesothelioma. If railroad workers develop mesothelioma or other asbestos-related diseases, they may make a claim under the state law 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 extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and speedily move cases filed by living plaintiffs. This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder for PATCO Railroad. She sued the companies who manufactured asbestos-containing products she worked on. Her family was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA. The company that manufactured the asbestos-containing equipment she worked on filed a motion for summary judgement in support of her state-law claim was not viable because it did not claim that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims. Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families get the compensation they deserve. His extensive experience in FELA cases including asbestos cases – has allowed him to obtain millions of dollars for his clients through settlements and verdicts. He is committed to helping railroad workers injured and their families collect damages from those 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 used extensively in the construction of railroads, especially in diesel and steam-powered trains. However, it proved to be extremely dangerous for many railway workers who were exposed to the poisonous substance. The material is strong and can be able to withstand extreme heat, however these qualities are what make it dangerous for those who work with them. Due to the toxins present in asbestos, it may take decades for symptoms such as mesothelioma or lung cancer to show up. These illnesses can be extremely expensive for patients and their families since they need medical treatment and have to deal with their physical and emotional discomfort. Fortunately, victims of asbestos-related diseases can receive compensation from various sources. The most popular method for railroad workers injured to receive financial compensation is via the filing of a lawsuit by a mesothelioma lawyer firm. These claims can be brought in federal courts, or state courts located close to the railroad's company. An injury victim must be able to prove that their employer's negligence caused their injury and they are owed financial compensation. Unlike most other workplace injuries railroad workers do not have access to the traditional workers compensation system in a majority of states. These workers can sue their employers for compensation under FELA protections. This type of claim is a civil suit where the victim must prove that negligence by their employer led to their mesothelioma or other ailment. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them asbestos. In this particular case, the family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific situation with an experienced attorney so that they can better ensure that all legal rights are secured.