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Railroad Asbestos Claims Rail workers worked with asbestos-containing materials a lot due to its durability and heat-resistant material. The same characteristics also made asbestos poisonous and deadly for those who came in contact with it. In many cases, rail workers often carry deadly asbestos dust fibers home on their clothes and in their hair. This could put their families in danger. Federal Employers Liability Act (FELA) Asbestos is a hazardous material that railroad workers are exposed to. Asbestos can cause cancer as well as other health problems. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, but it is filed against an employer and not the defendant in a criminal case. The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA is different from state's worker's compensation laws as it covers employees who are injured on the job due to the negligence of their employers. It also permits railroad workers to file claims for specific diseases like mesothelioma. Over the years, a number of railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies that have been involved in asbestos litigation over the years. Railroad workers could sue these companies as well as producers of asbestos-containing items like locomotive parts and boilers. In addition to the federal law, certain states have their own worker's compensation programs. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources to pay medical expenses, lost income and other expenses. If you are filing a FELA claim it is crucial to choose an experienced attorney. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can assist you in obtaining maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was a worker who brought asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case and the family was awarded a significant mesothelioma compensation. Understanding the statute of limitations and your rights in a settlement is essential when deciding on an FELA case. Railroads that defend themselves frequently try to cut down on the amount they pay to the victim, claiming they are unable to prove that the illness was directly caused due to their exposure to the work environment. This is why it is so important to seek legal help from an experienced railroad attorney. Asbestos Manufacturers For many years railroad workers have suffered from asbestos exposure for years. Rail is still an integral part of freight transport even though cars are now the most popular mode of travel for passengers. Asbestos has been utilized in the railroad industry for a long time to insulate engine parts pipes, and other automobile components. In many cases railroad workers were exposed to asbestos from on-the-job contact with the equipment they were servicing or repair. Workers also brought asbestos dust home on their clothes, exposing their spouses and children to the harmful mineral too. Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the substance in their trains throughout the 1980s and 90s. Sadly, many of these workers have now developed life-threatening illnesses as a result of their exposure to asbestos, a dangerous mineral. Asbestos victims frequently are required to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. They can be held accountable for failing to warn about the dangers of their products, and for producing asbestos-containing products that were known to be harmful. St. Joseph asbestos lawyer was sued by the family of an BNSF railroad employee who died from mesothelioma. The company owned the brake plant at which the deceased's nephew worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire to his home and that his children would beat the man when the clothes were on. This lapse of judgment led to mesothelioma cancer that caused the death of the family member. When asbestos-related diseases such as mesothelioma are discovered workers are deprived of the time they would have had to enjoy retirement and their final years. These cases hold companies accountable who have flagrantly disregarding the health and safety demands of railroad workers in order to maximize profits. Asbestos lawsuits against railroads have led to compensation for injured workers and their families. Since a demonstration of manifest injury is required for bringing a FELA claim, many healthy railroad workers who don't suffer from an asbestos-related illness may be unable to file claims. This is a clear breach to the tort law principle of compensation for the victims of the actions of others. State Law Claims While federal law provides the foundation for many asbestos lawsuits, a few railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers are able to handle claims under a variety of different statutes and laws to help injured workers and their families get the justice they deserve. Asbestos was utilized in various railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was created by cutting and machining many of these components, and workers could breathe in. This asbestos dust can be inhaled and cause lung problems like mesothelioma. When 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 manufacturers of the products that exposed them asbestos. These claims are filed in state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma sufferers. In addition, state courts frequently offer priority to and swiftly forward cases filed by living plaintiffs. Sandra Brust, from New Jersey suffered mesothelioma when working as a welding for PATCO Railroad. She filed a lawsuit against the companies that made asbestos-containing products she worked with. Her family was unable prevail because the Supreme Court ruled her state-law claim was preempted by FELA. The company that manufactured the asbestos-containing products for which she worked filed an application for a summary judgment. They argued that her state law claim was not valid since it did not claim that the company was aware of the risks associated with using asbestos in its 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 are entitled to. His extensive background in FELA cases which include asbestos exposure, has allowed him to achieve millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers injured and their families collect damages from those who are responsible for their injuries and illnesses, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana. Compensation Asbestos was widely used in the design and construction of railways. However, it proved to be very deadly for many railway workers who were exposed to the poisonous material. The material is extremely durable and is able to withstand massive quantities of heat. However, these qualities are exactly what make it hazardous to workers who work with it. Due to the toxins present in asbestos, it may take decades for signs such as mesothelioma or lung cancer to manifest. These diseases can be extremely expensive for families and victims who require medical treatment and have to bear the physical pain and emotional suffering. Asbestos-related diseases can be compensated by a variety sources. The most common method for railroad workers injured in an accident to receive financial compensation is through a lawsuit filed with a mesothelioma law firm. These claims can be filed in federal court or state courts where railroad companies are located. Injury victims must prove that their employer was negligent and they are entitled to financial compensation. As opposed to other workplace injuries railroad workers do not have access to the standard workers compensation system in a majority of states. They are instead legally able to bring an action against their employers under the protections of FELA. This is a civil claim where the victim has to demonstrate that the negligence of their employer caused mesothelioma or other injuries. However an upcoming case that was brought before the Supreme Court highlights a roadblock for railroad workers who attempt to claim their employers are responsible for the exposure they have to asbestos. In this case the family of a deceased railway worker filed an asbestos suit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured speak to an attorney regarding their particular circumstances so they can ensure that their legal rights are protected.