Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a durable and heat-resistant material. The same properties also made asbestos poisonous and deadly for those who came in contact with it.

Often, rail employees would take asbestos dust that is deadly with them on their clothing and hair. This could expose their families to danger as well.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is a hazard that can cause a variety of illnesses including cancer. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, however, it is filed against the employer, not the defendant in a criminal case.

The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it protects employees who are injured at work because of their employer's negligence. It also permits railroad workers to file claims if they develop certain illnesses like mesothelioma.

Over the years, several railroad companies have been involved with 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 are able to 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, a few 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 in order to help pay medical bills, lost income and other expenses.

If you are filing a FELA claim it is crucial to choose an experienced attorney. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in obtaining the most compensation for your injury. Ken Danzinger, a shareholder at the firm represented an individual whose husband worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was a laborer who often brought home asbestos dust on his clothing and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and the family was awarded an extensive mesothelioma settlement.

It is essential to understand the time limit and your rights to an agreement when you are dealing with a FELA claim. Railroads who are defendants frequently try to reduce the amount they pay to the victim by arguing that they cannot prove that their illness is directly linked to their work-related exposure. This is why it is so important to seek legal advice from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for a long time. Although cars have now surpassed trains for most passengers but the rail network is an essential element of freight transportation. Asbestos was employed throughout the railroad industry to protect trains, pipes and car parts.

Rail workers are often exposed to asbestos because of their work with equipment that they service and repair. Workers wore asbestos dust on their clothes, exposing their families to the toxic mineral.

Railroad companies were aware of asbestos's dangers in 1935, but they continued to use the material in their trains throughout the 1980s and 90s. Unfortunately, a lot of these workers have developed life-threatening illnesses as a result of their exposure to the hazardous mineral.

Asbestos victims typically have to file FELA claims against the manufacturers of the asbestos-containing equipment they used. They can be held accountable for failing to warn about the dangers of their products as well as for producing asbestos-containing materials that were known to be harmful.

For instance the family of an BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant where the nephew of the deceased worked. The family alleges the deceased's uncle would often bring his asbestos-covered work attire to his home and that his children would roughhouse him when the clothes were on. This negligence led to the mesothelioma that killed the family member.

When asbestos-related illnesses like mesothelioma are discovered workers are deprived of the time they would have enjoyed retirement and the final chapters in life. These cases are a way to hold accountable companies that flagrantly disregarded the health and safety of railroad workers to increase their profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Because a manifest injury has to be proved in order to establish a FELA case, countless railroad workers who never suffered from an asbestos-related illness might not be able make an claim. This is a clear infringement of the tort law principle of compensation for those who suffer due to the actions of others.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can deal with claims under different statutes and laws to ensure injured workers receive the compensation they deserve.

asbestos lawsuits was used extensively in railway components like steam boilers, locomotive engines and brakes. Asbestos dust was created by machining and cutting many of these components, and workers could inhale. The asbestos dust can be inhaled, causing lung diseases like mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related diseases, they may bring a state-law suit against their employers and the manufacturers of the products which exposed them to asbestos. These claims are brought before state courts where juries and judges have extensive experience in determining compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly move cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma after working as a welder for PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing equipment she used to work on. The family was not able to win because the Supreme Court ruled her state-law claim preempted FELA.

The company that manufactured the asbestos-containing equipment that she worked on filed a motion for summary judgment, arguing that her state-law claim was not valid 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 those who are affected and loved ones of those individuals get the compensation they are entitled to. His extensive experience in FELA cases which include asbestos exposure, has helped him obtain millions of dollars in settlements and verdicts for his clients. He is dedicated to helping injured railroad workers and their families 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 used extensively in the construction of railroads, specifically in diesel and steam-powered trains. However, it proved to be extremely dangerous for many railway workers who were exposed to the toxic material. The material is extremely durable and capable of withstanding immense amounts of heat; however these properties are the reason it is dangerous for people who work with it.

It can take years for mesothelioma symptoms and lung cancer to show up because of the toxins in asbestos. These conditions can be very expensive for the victims and their families since they require medical treatment and have to deal with their physical and emotional discomfort. Asbestos-related ailments can be paid by a variety of sources.

The most common way for railroad workers injured in an accident to receive financial compensation is via an action filed with a mesothelioma law firm. These lawsuits can be filed in federal court or state courts near the railroad company. Injured victims must prove their employer was negligent and that they have the right to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in a lot of states. Railroad workers are able to sue their employers under FELA protections.

This type of claim is a civil lawsuit where the victim must prove that their employer's negligence caused mesothelioma or other ailment. However, a recent case brought to the Supreme Court highlights a roadblock that railroad workers face when they try to claim their employers are responsible for exposure to asbestos Lawyer.

In this particular case the family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from progressing 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 specific circumstances so that they can ensure all of their legal rights are protected.