Railroad Asbestos Claims

Rail workers worked with asbestos-containing materials a lot because it was a tough and heat-resistant product. However, the same characteristics made asbestos poisonous and deadly for those who came into contact with it.

Often, rail employees would take asbestos dust that is deadly with them on their clothes and in their hair. This could put their families in danger.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a hazard that can cause a variety of illnesses including cancer. Fortunately, railroad workers are entitled to compensation under the Federal Employers’ Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, except that it is filed against an employer, not the defendant in the case of a criminal.

The FELA is a federal law passed in 1908 to safeguard railroad workers injured on the job. FELA differs from state worker’s compensation laws in that it protects employees who are injured on the job because of their employer’s negligence. It also permits railroad workers to file claims if they suffer from certain diseases like mesothelioma.

Over the years, several railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad workers could sue these companies and manufacturers of asbestos-containing goods such as locomotive parts or boilers.

Some 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 to pay for medical bills, lost income, and other expenses.

It is important to hire an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was a worker who brought asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to expedite the case, and the family received a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential when deciding on an FELA case. Railroads who are defendants frequently try to limit the amount paid out to a victim by arguing that they cannot prove that their illness is directly linked to the exposure they endured at work. This is why it is so important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

For many years, railroad workers have been suffering from asbestos exposure for years. Rail is still an integral part of freight transport despite the fact that cars are now the most popular mode of transport for passengers. Asbestos was employed throughout the railroad industry to shield train engines, pipes and car components.

In many cases, railroad workers were exposed to asbestos from working contact with the equipment they were servicing or repairing. Workers wore asbestos dust on their clothes, exposing their families to the harmful mineral.

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material on their trains into the 1990s and into the 1980s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of exposure to asbestos.

Asbestos victims often have to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held accountable for their failure to warn consumers about the dangers of their products, and for producing asbestos-containing materials that were found to be dangerous.

For example, the family of a BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the uncle who died worked. The family claims that the deceased’s uncle regularly brought his work clothing to his home, and if he wore these clothes, his children would play with the deceased and roughhouse him as wearing his asbestos-covered work clothes. This lapse of judgment led to mesothelioma cancer that killed the family member.

When workers are diagnosed with asbestos-related illnesses such as mesothelioma, they’re taken away from the time they could have spent enjoying retirement and 9363280.Xyz the last chapters of their lives. These cases hold accountable companies that flagrantly disregarded the safety and health of their employees in order to maximize their own profits.

Asbestos suits against railroad companies led to compensations for families and workers who were injured. However, since a proof of a manifest injury is required to file a FELA claim, countless seemingly healthy railroad workers who do not get sick due to asbestos may not be able to bring a claim. This is an obvious violation of the basic principle of tort law: to compensate people who suffer as a result of other’ actions.

State Law Claims

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

Asbestos was employed in a variety of railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was produced by machining and cutting many of these components, and workers could breathe in. This asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses, they may have state-law claims against their employers and the companies that made the products that exposed them to dangerous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. Additionally, state courts typically give priority to and speedily advance cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder for PATCO Railroad. She sued the companies who made the asbestos-containing products she worked on. Her family was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that manufactured the asbestos-containing equipment that she worked on filed a motion for summary judgment in support of her state-law claim was unconvincing since it did not state that the manufacturer knew the risks of using asbestos in their products. The Supreme Court agreed and 9363280.xyz 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 which include asbestos – has helped him to secure millions of dollars for his clients in verdicts and settlements. He is committed to helping injured railroad workers and their families recover damages from the parties responsible for their ailments and injuries, including mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the construction and design of railways. It also posed a threat to many railway workers exposed to the toxic substance. The material is extremely tough and is able to withstand massive amounts of heat; however, these qualities are exactly the reason it is dangerous to those who work with it.

It could take a long time for mesothelioma-related symptoms and lung cancer to manifest due to the toxins found in asbestos. These diseases can be extremely costly for victims and their families as they require medical care and must deal with their physical and emotional discomfort. Asbestos-related diseases can be compensated by a variety sources.

A mesothelioma lawyer is the most common method by which railroad workers injured are able to receive financial compensation. These lawsuits can be filed in federal court or state courts close to the railroad company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

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

This type of claim is a civil lawsuit in which the person who has suffered injury must show that negligence by their employer caused their mesothelioma, or another injury. However an upcoming case brought to the Supreme Court highlights a roadblock facing some railroad workers who try to make their employers accountable for exposure to asbestos.

In this particular instance, a family member 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 are injured speak to an attorney regarding their particular circumstances so they can ensure all of their legal rights are protected.