Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often due to its durability and heat-resistant product. But, these same qualities made asbestos toxic and deadly for those who came into contact with it.

Rail workers often carried asbestos dust particles home on their clothes or in their hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is a dangerous material that can cause many health issues such as cancer. Fortunately, railroad employees can seek compensation from their employers 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 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 as it covers employees who suffer injuries at work due to the negligence of their employers. It also permits railroad workers to file claims if they suffer from certain ailments such as mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as local state and municipal railroads. Railroad workers may sue these companies, as well as the manufacturers of asbestos-containing products such as locomotive parts or boilers.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma patients are able to file state law claims as well as FELA claims. This permits families to seek compensation from various sources to help pay medical bills, lost wages and other expenses.

It is important to hire an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers 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 a family whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case, and the family received an important mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial in an FELA case. Railroads that defend themselves often attempt to cut the amount they pay to a victim, 9363280 claiming they are unable to prove that the illness was caused directly by their negligence on the job. It is crucial to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for years. Rail remains an important part of freight transport, even though cars are now the most preferred mode of transport for passengers. Asbestos has been utilized in the railroad industry for a long time to insulate engine parts pipes and other components of automobiles.

In many instances, railroad workers were exposed to asbestos through working contact with the equipment they were servicing and repairing. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral.

Railroad companies were aware of asbestos's dangers in 1935, but they continued to use the substance on their trains into the 1990s and into the 1980s. Unfortunately, a large number of workers have now developed life-threatening diseases as a result of their exposure to the dangerous mineral.

Asbestos victims typically are required to file FELA claims against the manufacturers of the asbestos-containing equipment they worked on. They could be held responsible for failing to warn of the dangers associated with their products, or for manufacturing asbestos-containing material that was known to be dangerous.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake manufacturing plant where the deceased's uncle was employed. The family alleges the deceased's uncle often brought his asbestos-covered work clothing at home, and his children would beat him when he was wearing these clothes. This negligence caused the mesothelioma cancer that caused the death of the family member.

When asbestos-related illnesses like mesothelioma are discovered workers lose the time they enjoyed retirement and the final years. These cases hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to increase their profits.

Asbestos lawsuits against railroads resulted in compensation for families of injured workers. However, since a proof of injury that is manifest is required for bringing a FELA claim, countless seemingly healthy railroad workers who don't get sick due to asbestos may not be able to bring an claim. This is a clear breach of the tort law principle of compensation for those who suffer as a result of other people's actions.

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 a variety of statutes and laws in order to ensure injured workers receive the compensation they deserve.

Asbestos was used extensively in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was generated through cutting and machining of these components, and 9363280 workers could breathe in. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers as well as the companies that made the products which exposed them to hazardous asbestos. These claims are filed before state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma sufferers. State courts also offer priority to cases that are filed by living mesothelioma victims.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welder at PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing products she worked with. However, her family was unable to prevail as the Supreme Court ruled that her state law claim was preempted by FELA.

The company that produced the asbestos-containing equipment she worked on filed a motion for summary judgement, arguing that her state-law claim was not viable because it did not allege that the company knew about the dangers of using asbestos in their 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 deserve. His vast experience in FELA cases including asbestos cases has helped him obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers and their families obtain damages from those accountable for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction and design of railways. Unfortunately, it also proved to be extremely dangerous for the railway workers who were exposed to the poisonous substance. The material is extremely durable and is able to withstand massive amounts of heat; however, these qualities are exactly what make it hazardous to workers who work with it.

It can take years for symptoms like mesothelioma and www.9363280.xyz lung cancer to appear due to the toxins found in asbestos. These diseases can be extremely expensive for families and victims, as they require medical treatment and have to deal with their physical and emotional pain. Asbestos-related diseases 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 be awarded financial compensation. These lawsuits can be filed in federal courts, or state courts located close to the railroad company. A victim of injury must prove that their employer's negligence caused their injury, and they are owed financial compensation.

Railroad workers are not covered by the standard workers compensation system in a number of states. They are instead legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the victim must show that their employer's negligence caused mesothelioma or 9363280.xyz other injury. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this case, the family of a deceased railway worker filed an asbestos lawsuit against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney about their specific circumstances so that they can be sure that all of their legal rights are secured.