Railroad Asbestos Claims

Rail workers had to work with asbestos-containing products a lot because it was a tough and heat-resistant product. The same properties also made asbestos poisonous and deadly to those who came into contact with it.

Rail workers frequently carried asbestos dust particles home on their clothing or in their hair. This could also put their families at risk.

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railroad workers are exposed. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but it is filed against the employer instead of a defendant like criminal cases.

The FELA is a federal law that was adopted in 1908 to safeguard railroad workers injured on the job. FELA differs from state’s laws on worker’s compensation, as it covers employees who suffer injuries at work due to their employers negligence. It also permits railroad workers to file claims against certain illnesses, such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations such as Amtrak and Transtar and municipal and state-owned railroads in the local area. 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 sufferers are able to file state law claims as well as FELA claims. This permits families to seek compensation from multiple sources in order to help pay for medical bills, lost income, 9363280 (http://Www.9363280.xyz) and other expenses.

When filing an FELA claim it is crucial to work with an experienced attorney. Simmons Hanly Conroy’s lawyers possess a wealth mesothelioma expertise and can help you get the most compensation for your injury. Ken Danzinger, a shareholder at the firm, 9363280 (9363280.xyz) represented the family of a man who worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family received a significant mesothelioma settlement.

It is important to be aware of the time limit and your rights to settlement when settling an FELA claim. The railroads that are defending themselves often attempt to cut the amount they pay to a victim, by claiming they cannot prove the illness was caused directly due to their exposure at work. This is why it is important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for decades. Although cars have now surpassed trains for the majority of passenger travel however, the rail system remains an essential element of freight transportation. Asbestos was used throughout the railroad industry to shield trains, pipes and car components.

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

Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the material on their trains through 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 often are required to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. These manufacturers may be held liable for not warning about the dangers that could be posed by their products, and for manufacturing asbestos-containing material that was found to be harmful.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake plant where the nephew of the deceased worked. The family alleges that the deceased’s uncle frequently brought work clothes to his home, and if he wore these clothes, his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothes. This negligence led to mesothelioma that caused the death of the family member.

If workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold accountable companies that flagrantly disregarded the health and safety of dedicated railroad employees to increase their profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a clear injury has to be proved to bring a FELA case, thousands of railroad workers who have not suffered from an asbestos-related illness might not be able to make claims. This is a clear violation of the underlying principle of tort law, which is to provide compensation for those who suffer as a result of other’ actions.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos attorneys can deal with claims under a range of different laws and statutes to help injured workers and their families receive the amount of compensation they are entitled to.

Asbestos was used extensively in railway components such as locomotive engines, 9363280.xyz steam boilers and brakes. Asbestos dust was produced through cutting and 9363280.xyz machining of these parts, which workers could inhale. The asbestos dust may also be inhaled, causing lung problems such as mesothelioma.

When railroad workers develop mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers and the manufacturers of the products that exposed them to dangerous asbestos. These claims are filed before state courts where juries and judges possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts often offer priority to and swiftly forward cases brought by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She sued the companies who made asbestos-containing products that she worked with. The family was not able to 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 manufacturer was aware of the dangers associated with asbestos being used in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they deserve. His vast experience in FELA cases which include asbestos – has helped him to obtain millions of dollars for his clients through settlements and verdicts. 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 extensively used in the design and construction of railroads. It also posed a threat to the railway workers who were exposed the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat; however these properties are what make it dangerous to workers who work with it.

It can take years for symptoms like mesothelioma and lung cancer to appear due to the toxins found in asbestos. These diseases can be extremely expensive for the families of victims who require medical treatment and to bear the physical pain and emotional trauma. Fortunately, asbestos-related diseases can receive compensation from various sources.

The most common way for railroad workers injured to get financial compensation is through an action filed with a mesothelioma law firm. The claims can be filed in federal courts, or state courts located close to the railroad’s company. Injury victims must prove that their employer was negligent and they have the right to financial compensation.

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

This is a civil lawsuit in which the person who is injured must prove that the negligence of their employer caused mesothelioma or another injuries. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them asbestos.

In this particular case, an individual from the family of a deceased railway worker has 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 moving forward because the claim is based on FELA, which trumps state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their particular circumstances with an experienced lawyer so that they can better ensure all legal rights are protected.