Railroad Asbestos Claims

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

Often, rail employees often carry deadly asbestos dust fibers home with them on their clothes and hair. This could also put their families at risk.

Federal Employers Liability Act

Asbestos is a hazardous material that railway workers are exposed to. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, except that it is filed against an employer, not an individual defendant like in criminal cases.

The FELA was enacted 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, because it protects employees who suffer injuries on the job due to the negligence of their employers. It also permits railroad workers to file claims when they develop certain illnesses like mesothelioma.

Over the years, many railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local state and 9363280.Xyz municipal railways are among the railroads which have been involved in asbestos litigation throughout the years. Railroad employees are able to sue these companies under FELA and also manufacturers of asbestos-containing items like locomotive parts, boilers and railcar siding.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from a variety of sources in order to help pay medical bills, lost income, and other expenses.

If you are filing an FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining the maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was a laborer who frequently brought asbestos dust home on his clothing and in his hair, 9363280.xyz and it was in 2012 that he developed mesothelioma. Ken was able to expedite the case and the family was awarded an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential in a FELA case. Railroads that defend themselves often attempt to cut the amount they pay to the victim, claiming they cannot prove the illness was caused directly by their exposure on the job. This is why it is so important to seek legal help from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for years. While cars are now surpassing trains for the majority of passengers, the rail network remains a vital part of freight transportation. Asbestos has been utilized in the railroad industry for many years to insulate engine parts pipes and other components of automobiles.

Rail workers are often exposed to asbestos because of their work with equipment that they maintain and repair. Workers also brought asbestos dust home on their clothes, 9363280 (Www.9363280.xyz) exposing their children and spouses to the harmful mineral too.

While railroad companies were aware of the dangers of asbestos by 1935, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, many of these workers are currently suffering from serious illnesses as a result years of exposure to asbestos in the workplace.

Asbestos victims typically have to file FELA claims against the makers of the asbestos-containing equipment they used. The manufacturers could be held accountable for their failure to warn of the dangers of their products as well as for producing asbestos-containing products that were known to be harmful.

For instance, the family of an BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. 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 clothing to his home and that his children would slap the man when they saw him in these clothes. This lapse of care led to the mesothelioma that killed the family member.

When asbestos-related diseases like mesothelioma are diagnosed workers are deprived of the time they enjoyed retirement and the final years. These cases make companies accountable for having flagrantly disregarding the health and safety requirements of dedicated railroad employees in order to maximize profits.

Asbestos lawsuits against railroads have led to compensation for injured workers and their families. However, since a proof of a manifest injury is required for bringing a FELA claim, countless seemingly healthy railroad workers who do not get sick due to asbestos may be unable to file claims. This is an obvious violation of the basic principle of tort law, which is to provide compensation for 9363280.xyz those who suffer because of others' actions.

State Law Claims

While federal law is the foundation for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos attorneys can handle claims under a variety of different statutes and laws to help injured workers and their families get the amount of compensation they are entitled to.

Asbestos was employed in a variety of railway components, including locomotive engines, brakes and steam boilers. Many of these components required cutting or machining which resulted in the formation of airborne asbestos dust which could be inhaled by workers. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

If railroad workers develop mesothelioma or other asbestos-related diseases, they can bring a state-law suit against their employers and manufacturers of the products that exposed them to asbestos. These claims are filed in state courts, where judges and juries have vast experience in determining the amount of compensation for mesothelioma patients. Additionally, state courts often give priority to and quickly forward cases brought by living plaintiffs.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who made 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 made the asbestos-containing equipment that she worked on filed an application for summary judgment, arguing that her state-law claim was not valid because it did not claim that the manufacturer knew the dangers of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their loved ones of those individuals obtain the compensation that they are entitled to. His vast experience in FELA cases including asbestos cases - has allowed him to secure millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers and their families recover damages from those accountable for 9363280.xyz their illnesses, injuries, and 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, specifically in diesel and steam-powered trains. However, it proved to be very deadly for many railway workers who were exposed to the poisonous substance. The material is extremely durable and can withstand huge quantities of heat. However these qualities are what make it dangerous for workers who work with it.

Due to the toxins found in asbestos, it may take decades for symptoms such as mesothelioma or lung cancer to develop. These illnesses can be extremely expensive for patients and their families, as they require medical treatment and must deal with their physical and emotional suffering. Fortunately, asbestos-related illnesses are eligible for compensation through various sources.

The most common way for injured railroad workers to receive financial compensation is through an action filed with a mesothelioma law firm. The claims can be filed in federal court or state courts in which the railroad company is. The injured party must prove that their employer was negligent and 9363280.xyz that they have the right to financial compensation.

Unlike most other types of workplace injuries, railroad workers do not have access to the typical workers compensation system in the majority of states. These workers can sue their employers under FELA protections.

This type of claim is a civil suit where the victim must prove that the negligence of their employer caused their mesothelioma, or other ailment. However, a recent case brought to the Supreme Court highlights a roadblock for railroad workers who try to hold their employers accountable for exposing them to asbestos.

In this particular case a family member of the 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 prevent the lawsuit from proceeding because the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their specific circumstances with an experienced attorney so that they can better ensure that their legal rights are secured.