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Railroad Asbestos Claims Rail workers had to work with asbestos-containing products a lot because it was a durable and heat-resistant product. The same characteristics also made asbestos poisonous and deadly to those who came into contact with it. Most often, railway workers would take asbestos dust particles that are deadly with them on their clothing and hair. This could put their families in danger as well. Federal Employers Liability Act Asbestos is a hazardous material that railroad workers are exposed to. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers can get 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 instead of an individual defendant as in criminal cases. The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA is different from state's worker's compensation laws, because it protects employees who are injured on the job because of the negligence of their employers. It also allows railroad employees to file claims against certain illnesses such as mesothelioma. Several railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad employees are able to 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, a few states have their own worker's compensation programs. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This allows families to seek compensation from a variety of sources to pay for medical bills, lost wages, and other costs. It is essential to choose a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was an employee who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family received an extensive mesothelioma settlement. Understanding the statute of limitation and your rights in a settlement is crucial when dealing with the FELA case. Railroads that are defending themselves often attempt to reduce the amount paid out to a victim by arguing that they cannot prove that their illness is directly related to their work-related exposure. This is why it is important to seek legal advice from a seasoned railroad attorney. Asbestos Manufacturers Many railroad workers have suffered the effects of asbestos exposure for a long time. Although cars have now surpassed trains for most passengers but the rail network is an essential component of freight transportation. Asbestos has been used in the railroad industry for many years 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 or repair. Workers also brought home asbestos dust on their clothes, exposing their spouses and children to the harmful mineral too. Although railroad companies were aware of asbestos' dangers by 1935, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases because of years of exposure to asbestos. Asbestos victims often have to file FELA claims against the makers of the asbestos-containing equipment that they used. They could be held accountable for not advising of the dangers associated with their products, and for producing asbestos-containing materials that was recognized as harmful. For instance the family of the BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant where the nephew who died worked. The family claims that the deceased's Uncle often brought his asbestos-covered work clothes home and his children would slap the man when he was wearing these clothes. This lapse of judgment led to mesothelioma which killed the family member. When asbestos-related diseases like mesothelioma are diagnosed workers are deprived of the time they been able to enjoy retirement and the final years. These cases hold accountable corporations that have blatantly disregard for the health and safety of railroad workers to maximize their own profits. Asbestos suits against railroad companies resulted in compensation for families and workers who were injured. Because a manifest injury has to be proved in order to establish the possibility of a FELA case, many railroad workers who have not developed an asbestos-related illness may not be able make claims. This is a clear violation to the tort law principle of compensation for those who suffer due to the actions of others. State Law Claims While federal law provides the foundation for most asbestos lawsuits, a few 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 deserve. Asbestos was extensively used in railway components such as locomotive engines, steam boilers and brakes. Asbestos dust was created through cutting and machining of these parts, which workers could inhale. The asbestos dust can be inhaled and cause lung problems like mesothelioma. When railroad workers develop mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers as well as the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining proper compensation for mesothelioma victims. State courts also have priority to cases and advance filing by living victims. Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She sued the companies who produced asbestos-containing products that she worked on. Unfortunately, her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA. The company that produced the asbestos-containing equipment that she worked on filed an application for summary judgment, arguing that her state-law claim was unconvincing because it did not claim that the company knew about the risks of using asbestos in their products. The Supreme Court dismissed her claims. Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their loved ones of those individuals receive the compensation they deserve. His vast experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families obtain damages from those accountable for their illnesses, injuries, and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana. Compensation Asbestos was extensively utilized in the construction and design of railways. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is extremely durable and is able to withstand massive quantities of heat. However, these qualities are exactly the reason it is dangerous to workers who work with it. Due to the toxins found in asbestos, it may take years for the symptoms such as mesothelioma or lung cancer to develop. Plymouth asbestos lawyers can be extremely costly for victims and families, as they require medical attention and have to endure physical pain and emotional trauma. Asbestos-related diseases can be compensated through a variety of sources. A mesothelioma lawyer is the most popular way that injured railroad workers are able to receive financial compensation. These lawsuits can be filed in federal court or state courts where a railroad company is located. Injured victims must prove their employer was negligent and they are entitled to financial compensation. Railroad workers are not covered under the standard workers compensation system in a lot of states. Rather, these workers are legally able to bring an action against their employers under the protections of FELA. This is a civil claim where the injured person must prove that the negligence of their employer caused their mesothelioma, or another injuries. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them to asbestos. In this case the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from progressing because the claim is based on FELA, which trumps state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their specific circumstances with an experienced lawyer so that they can better ensure that all legal rights are secured.