Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot due to its durability and heat-resistant material. But, these same qualities made asbestos toxic and deadly for those who came into contact with it.

In many cases, rail workers often carry deadly asbestos dust fibers home with them on their clothing and hair. This could put their families in danger as well.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately railroad workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but is filed against the employer, not an individual defendant as in a criminal case.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it covers employees injured on the job due to their employer's negligence. It also permits railroad workers to file claims if they develop certain illnesses like mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroads who 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 boilers, locomotive parts, 9363280 and railcar siding.

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma victims are able to file state-law claims as well as FELA claims. This permits families to seek compensation from a variety of sources to pay for medical expenses, lost wages and other expenses.

When submitting an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in obtaining the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was an employee who carried asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family was awarded a significant mesothelioma settlement.

It is essential to understand the time limit and your rights to an agreement when you are dealing with an FELA claim. The railroads that are defending themselves often try to reduce the money that is paid to a victim, by claiming they are unable to prove that the illness was caused directly by their exposure to the work environment. This is why it is important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for years. Rail remains an important part of freight transport despite the fact that cars are the most preferred mode of transport for passengers. Asbestos was used in the railroad industry for a long time to insulate engine parts pipes and automobile components.

In many cases, railroad workers were exposed to asbestos from on-the-job contact with the equipment they were servicing and fixing. Workers wore asbestos dust on their clothes, exposing their families to the poisonous mineral.

Although railroad companies were aware of the dangers of asbestos by 1935, they continued to use it on their trains until the 1980s and the 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening illnesses because of years of exposure to asbestos.

Asbestos victims frequently are required to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. The manufacturers could be held liable for failing to warn of the risks associated with their products, and for manufacturing asbestos-containing material that was found to be harmful.

For example, the family of an BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake manufacturing plant in which the uncle of the deceased worked. The family alleges the deceased's uncle often brought his asbestos-covered work clothes to his home and that his children would slap the man when he was wearing these clothes. This negligence led to the mesothelioma cancer that killed the family member.

When workers are diagnosed with asbestos-related ailments such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make the companies accountable for having blatantly disregarding the health and 9363280.xyz safety requirements of dedicated railroad workers to maximize their profits.

Asbestos lawsuits against railroads resulted in compensations for families of injured workers. Since a clear injury must be proven in order to establish the possibility of a FELA case, many railroad workers who never suffered from an asbestos-related illness might not be able to make a claim. This is a clear violation of the tort law principle that compensates those who suffer as a result of the actions of others.

State Law Claims

While federal law is the foundation for most asbestos lawsuits, certain railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can deal with claims under a range of laws and statutes to ensure that injured workers and their families get the justice they deserve.

Asbestos was used in various railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was created through cutting and machining of these components, which workers could breathe in. The asbestos dust can be inhaled, causing lung issues like mesothelioma.

If railroad workers contract mesothelioma, or any other asbestos-related diseases, they may file a state-law claim against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. Additionally, 9363280.xyz state courts typically give priority to and speedily move cases filed by living plaintiffs.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment that she worked on. Her family was unable prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that produced asbestos-containing products for which she worked, filed an application for a summary judgment. They claimed that her state law claim was not valid because it did not state that the company was aware of the risks associated with the use of asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, Www.9363280.Xyz a partner with Simmons Hanly Conroy assists individuals and the family members of those who suffer from the same receive the compensation they are entitled to. His extensive background in FELA cases that include asbestos exposure, has allowed him to obtain millions of dollars in settlements and verdicts for his clients. He is committed to helping injured railroad workers and their families collect damages from those responsible for their injuries and illnesses, such as 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, especially in diesel- and steam-powered trains. It also posed a threat to the railway workers who were exposed the toxic substance. The material is durable and is able to withstand extreme heat, but these properties makes it dangerous for people who work with them.

Because of the toxins in asbestos, it can take decades for signs such as mesothelioma or cancer to show up. These illnesses can be very expensive for the families of victims because they require medical treatment and to endure physical pain and emotional suffering. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from a variety of sources.

The most common method for injured railroad workers to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. The claims 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 aren't covered under the standard workers compensation system in a lot of states. They are instead eligible to file an action against their employers under the protections of FELA.

This kind of claim is a civil action in which the person who has suffered injury must show that the negligence of their employer led to their mesothelioma or other injury. However an upcoming case filed before the Supreme Court highlights a roadblock for railroad workers who are trying 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. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nevertheless important for railroad workers injured to discuss their specific situation with an experienced attorney so that they can better ensure all legal rights are protected.