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Railroad Asbestos Claims Rail workers worked with asbestos-containing materials a lot due to its durability and heat-resistant product. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it. In many cases, rail workers often carry deadly asbestos dust fibers home with them on their clothing and in their hair. This could put their families in danger as well. Federal Employers Liability Act Railroad workers are frequently exposed to asbestos. Asbestos is a hazardous material which can cause illnesses including cancer. Fortunately railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, but it is filed against an employer and not a defendant as in the case of a criminal. 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 as it covers employees who are injured at work due to the negligence of their employers. It also allows railroad employees to file claims if they suffer from certain ailments, such as mesothelioma. Several railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing products, such as locomotive parts, boilers and railcar siding. In addition to the federal law, certain states have their own worker's compensation programs. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from various sources to pay medical bills, lost wages, and other expenses. When submitting an FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can help you obtain maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a laborer who regularly brought asbestos dust to his home on his clothes and in his hair, and the cancer was diagnosed in 2012. Ken was able to speed up the case and his family was awarded a significant mesothelioma payout. Understanding the statute of limitation and your rights in a settlement is crucial in the FELA case. Defendant railroads often try to limit the amount paid to the victim by claiming that they cannot prove that their illness is directly linked to the exposure they endured at work. It is crucial to seek legal advice of a knowledgeable railroad lawyer. Asbestos Manufacturers For many years, railroad workers have suffered from asbestos exposure for years. Although cars now outnumber trains for most passenger travel but the rail network is an essential element of freight transportation. Asbestos was used in the railroad industry for decades to insulate engine parts, pipes and other components of automobiles. Rail workers are frequently exposed to asbestos through their work with the equipment they maintain and repair. Workers also brought asbestos dust home on their clothes, which exposed their spouses and children to the harmful mineral, too. While railroad companies knew of the dangers of asbestos by 1935 but they continued to employ asbestos in their trains until the 1980s and 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of exposure to asbestos in the workplace. Asbestos victims often have to file FELA claims with the makers of asbestos-containing equipment with which they worked. These manufacturers can be held accountable for failing to warn about the dangers of their products, and for producing asbestos-containing products that were found to be dangerous. Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant where the deceased's uncle worked. The family claims that the deceased's Uncle often brought his asbestos-covered work clothes to his home and that his children would beat the man when he was wearing these clothes. This lapse of care led to the mesothelioma that caused the death of the family member. If workers are diagnosed with asbestos-related illnesses such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold companies accountable for having flagrantly ignored the health and safety requirements of dedicated railroad employees to maximize their profits. Asbestos suits against railroads resulted in compensation for families and workers who were injured. Since a clear injury has to be proved to be able to bring a FELA case, many railroad workers who have not developed an asbestos-related illness may not be able make an claim. This is a clear violation to the tort law principle that compensates the victims of others' actions. State Law Claims While federal law is the basis for the majority of asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos attorneys can deal with claims under a range of laws and statutes to help injured workers and their families receive the amount of compensation they are entitled to. Asbestos was utilized in a variety of railway components including locomotive engines, brakes, and steam boilers. Many of these components required cutting or machining which resulted in the formation of airborne asbestos dust that could be inhaled by workers. This asbestos dust can also be inhaled, which can cause lung diseases like mesothelioma. If railroad workers contract mesothelioma or other asbestos-related diseases, they can file a state-law claim against their employers as well as the makers of the products which exposed them to asbestos. These claims are brought before state courts, where judges and juries possess extensive experience in determining compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living mesothelioma patients. This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder for PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment she worked on. Unfortunately, her family was unable to prevail since the Supreme Court ruled that her state law claim was preempted by FELA. The company that made the asbestos-containing products on which she worked, filed a motion 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 that come with the use of asbestos in its products. The Supreme Court 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 which include asbestos – has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is dedicated to helping railroad workers and their families recover damages from those responsible for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana. Compensation Asbestos was widely used 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 durable and can withstand extreme heat, but these characteristics make it dangerous for the people who work with them. It could take a long time for symptoms like mesothelioma and lung cancer to appear because of the toxins in asbestos. These conditions can be very expensive for the victims and their families, as they require medical care and are faced with physical and emotional discomfort. Asbestos-related diseases can be compensated by a variety sources. The most common method for injured railroad workers to get financial compensation is through an action filed by a mesothelioma lawyer firm. These claims can be filed in federal court or state courts in which railroad companies are located. Injured victims must prove 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. Athens asbestos lawsuits can sue their employers under FELA protections. This type of claim is a civil lawsuit where the victim must show that the negligence of their employer caused mesothelioma or another injury. However, a recent case that was brought before the Supreme Court highlights a roadblock facing some railroad workers who are trying to hold their employers accountable for exposure 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 this lawsuit from proceeding because the claim is based on FELA which overrides state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their specific circumstances with an experienced attorney so that they can better ensure that their legal rights are secured.