Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials often due to its durability and heat-resistant product. However, these same qualities made asbestos toxic and deadly for those who came in contact with it.

Rail employees often brought deadly asbestos dust fibres to their homes on their clothes or in their hair. This could also put their families in danger.

Federal Employers Liability Act (FELA)

Asbestos is a dangerous material that railway workers are exposed to. Asbestos is a hazardous material that can cause many health issues such as cancer. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, with the exception that it is filed against an employer, not a defendant as in the case of a criminal.

The FELA was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job due to the negligence of their employers. Additionally, railroad employees are able to file claims for specific illnesses such as mesothelioma.

Over the years, several railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers can sue these companies and manufacturers of asbestos-containing products like locomotive parts or boilers.

In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related victims can make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from multiple sources to pay medical bills, lost wages, and other expenses.

If you are filing a FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can help you get maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a laborer who regularly brought home asbestos dust on his clothing and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able speed up the case and the family was awarded an enormous 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 limit the amount they pay to the victim by claiming that they can't prove that their illness is directly related to their work-related exposure. This is why it is so important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for years. Rail is still an integral part of freight transport, even though automobiles are now the most preferred mode of transport for passengers. Asbestos has been used in the railroad industry for decades to insulate engine parts pipes, and other automobile components.

In many cases, railroad workers were exposed to asbestos from working contact with the equipment they were servicing and fixing. Workers also brought asbestos dust home on their clothes, which exposed their spouses and children to the harmful mineral too.

Railroad companies were aware of asbestos's dangers in 1935, but continued to use the substance in their trains throughout the 1990s and into the 1980s. Sadly, many of these workers have now developed life-threatening illnesses as a consequence of years of occupational exposure to asbestos, a dangerous mineral.

Asbestos victims typically file FELA claims with the makers of asbestos-containing equipment on which they worked. The manufacturers could be held liable for failing to warn of the dangers of their products and for manufacturing asbestos-containing materials that were found to be dangerous.

For instance, the family of an BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company owned the brake manufacturing plant in which the uncle who died was employed. The family claims that the deceased's Uncle often brought his asbestos-covered work clothes at home, and his children would slap him when they saw him in these clothes. This lapse in judgment led to mesothelioma cancer that killed the family member.

When asbestos-related diseases like mesothelioma are diagnosed, workers lose the time they been able to enjoy retirement and the final years of life. These cases are a way to hold companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad employees to maximize profits.

Asbestos lawsuits against railroad companies have resulted in compensation for injured workers and their families. Since a clearly-defined injury must be shown in order to establish an FELA case, thousands of railroad workers who have never suffered from an asbestos-related illness might not be able to make an claim. This is clearly in violation of the underlying principle of tort law: to provide compensation for those who suffer as a result of other' actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, a few railroad workers are covered by state law which may offer additional legal protections. asbestos lawyers (visite site) can deal with claims under various statutes and laws in order to help injured workers receive the compensation they deserve.

Asbestos was used extensively in railway components such as steam boilers, locomotive engines and brakes. Asbestos dust was generated by cutting and machining many of these components, and workers could breathe in. The asbestos attorneys dust may also be inhaled, which can cause lung issues like mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related diseases, they can 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 juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. State courts also have priority to cases that are filed by living mesothelioma victims.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing equipment she worked on. Unfortunately her family was not able to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that made the asbestos-containing equipment she worked on filed an application for summary judgment and argued that her state law claim was not valid because it did not allege that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they are entitled to. His extensive experience in FELA cases - including those involving asbestos has helped him obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping injured railroad workers and their loved ones recover damages from those who are responsible for their injuries and illnesses, including mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, particularly in steam- and diesel-powered trains. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is extremely durable and capable of withstanding immense amounts of heat; however these qualities are what make it dangerous for people who work with it.

Because of the toxins in asbestos, it could take years for the symptoms such as mesothelioma or lung cancer to develop. These diseases can be extremely expensive for the families of victims, as they require medical treatment and have to bear the physical pain and emotional suffering. Asbestos-related illnesses can be compensated by a variety of sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can receive financial compensation. These lawsuits can be filed in federal courts, or state courts located close to the railroad company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

Railroad workers aren't covered by the standard workers compensation system in many states. Rather, these workers are eligible to file an action against their employers under the protections of FELA.

This is a civil claim where the victim must demonstrate that the negligence of their employer caused mesothelioma or another injury. However an upcoming case filed before the Supreme Court highlights a roadblock for railroad workers who attempt to hold their employers accountable for exposure to asbestos.

In this particular case an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured speak with an attorney about their particular situation so they can be sure that all of their legal rights are secured.