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Railroad Asbestos Claims Railroad workers often used or worked with asbestos-containing materials because it was a durable and heat-resistant substance. However, the same characteristics made asbestos toxic and deadly for anyone who came into contact with it. Rail workers frequently brought deadly asbestos dust fibres home on their clothes or in their hair. This could expose their families to danger as well. Federal Employers Liability Act (FELA) Asbestos is a hazard that railway workers are exposed to. Asbestos is a hazardous 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 is similar to a personal injury lawsuit, however, it is filed against the employer rather than a defendant like a criminal case. The FELA is a federal law that was passed in 1908 to protect railroad workers who were injured on the job. FELA differs from state worker's compensation laws in that it protects employees injured on the job due to their employer's negligence. Additionally, railroad employees are able to file claims against certain diseases like mesothelioma. Several railroad companies have been involved in asbestos litigation throughout the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies which have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing items like boilers, locomotive parts, and railcar siding. In addition to the federal law, certain states have their own worker's compensation programs. Asbestos victims are eligible to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources to help pay medical bills, lost income, and other expenses. When submitting a FELA claim it is essential to work with 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 the family of a man who worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was an employee who brought asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able expedite the case and his family received an important mesothelioma compensation. It is important to be aware of the time limit and your rights to settlement when settling the FELA claim. Defendant railroads often try to limit the amount they pay to victims by claiming that they cannot prove that their illness is directly related to their work-related exposure. It is essential to seek the legal guidance of a seasoned railroad lawyer. Asbestos Manufacturers Many railroad workers have suffered the ravages of asbestos exposure for a long time. While cars are now surpassing trains for most passenger travel, the rail network remains a vital part of freight transportation. Asbestos was utilized throughout the railroad industry to shield pipelines, engines and car parts. Rail workers are often exposed to asbestos because of their work with equipment that they repair and service. Workers wore asbestos dust on their clothes, exposing their families to the harmful mineral. Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the substance on their trains into the 1990s and into the 1980s. Unfortunately, many of these workers are currently suffering from serious illnesses due to years of exposure to asbestos in the workplace. Asbestos victims typically file FELA claims against the makers of the asbestos-containing equipment they used. They could be held responsible for failing to warn about the dangers that could be posed by their products, or for manufacturing asbestos-containing material that was known to be harmful. For example the family of an BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the deceased's uncle was employed. The family alleges the deceased's uncle often brought his asbestos-covered work clothes home and his children would beat him while they saw him in these clothes. This lapse of judgment led to mesothelioma that killed the family member. When workers are diagnosed with asbestos-related illnesses like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad employees in order to maximize profits. Asbestos suits against railroads resulted in compensations for families and workers who were injured. Unfortunately, because a showing of manifest injury is required for bringing a FELA claim, countless seemingly healthy railroad workers who do not develop an asbestos-related disease might be unable to file claims. This is an obvious violation of the underlying principle of tort law: to compensate people who suffer due to the actions of others' actions. State Law Claims While federal law lays the foundation for most asbestos lawsuits, some railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers are able to handle claims under different statutes and laws in order to help injured workers receive the compensation they need. Asbestos was used in various railway components including locomotive engines, brakes, and steam boilers. Many of these components required cutting or machining which created asbestos dust which could be inhaled by workers. This asbestos dust can be ingested and cause lung issues such as mesothelioma. If railroad workers suffer from mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers and the companies that made the products which exposed them to hazardous asbestos. These claims are filed in state courts which are where juries and judges have vast experience in determining the amount of compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly forward cases filed by living plaintiffs. Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. Fargo asbestos lawsuit sued the companies who produced asbestos-containing products she worked on. Her family was not able to win because the Supreme Court ruled her state-law claim preempted FELA. The company that produced the asbestos-containing equipment she worked on filed an application for summary judgment in support of her state-law claim was not viable since it did not state that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court 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 those involving asbestos – has allowed him to obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana. Compensation Asbestos was widely used in the construction of railroads, particularly in diesel- and steam-powered trains. Unfortunately, it also proved to be extremely dangerous for many railway workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive amounts of heat; however, these qualities are exactly what make it dangerous for workers who work with it. Due to the toxins found in asbestos, it can take decades for signs such as mesothelioma or cancer to develop. These conditions can be extremely costly for victims and families because they require medical attention and have to bear the physical pain and emotional trauma. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation from a variety of sources. A mesothelioma lawyer is the most commonly used way that injured railroad workers can be awarded financial compensation. These claims can be brought in federal courts, or state courts located close to the railroad's company. A victim of injury must be able to prove that their employer's negligence caused their injury and they are owed financial compensation. Unlike most other types of workplace injuries railroad workers don't have access to the traditional workers compensation system in the majority of states. Rather, these workers are eligible to file a lawsuit against their employers under the protections of FELA. This is a civil claim in which the person who is injured has to prove that the negligence of their employer caused mesothelioma or another injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them asbestos. In this case the family of a deceased railway employee filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based upon FELA which goes over state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their particular circumstances with an experienced attorney so that they can better ensure all legal rights are protected.