Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot because it was a tough and heat-resistant product. The same characteristics also made asbestos poisonous and deadly to anyone who came in contact with it.

Most often, railway workers often carry asbestos dust particles that are deadly on their clothes and hair. This could put their families at risk as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health issues. Thankfully, railroad workers are able to get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, however, it is filed against the employer rather than a defendant like a criminal case.

The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state workers’ compensation laws in that it protects employees who are injured on the job due to their employer’s negligence. It also allows railroad employees to file claims for certain diseases like mesothelioma.

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

In addition to the federal law, certain states have their own worker’s compensation programs. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from various sources to pay for medical bills, lost wages and other costs.

It is crucial to find an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy’s lawyers have a wealth mesothelioma expertise and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, a shareholder at the firm represented the family of a man who worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was a laborer who often brought home asbestos dust on his clothes and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and the family was awarded a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement are crucial in a FELA case. The railroads that are defending themselves often try to reduce the amount they pay to the victim, claiming that they can’t prove that the illness was caused directly by their exposure on the job. This is why it is important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

For decades, railroad workers have been suffering from the effects of asbestos exposure. Rail is still an integral part of freight transport despite the fact that 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 automobile components.

In many instances, railroad workers were exposed to asbestos from work-related contact with equipment they were servicing and repairing. Workers brought asbestos dust home on their clothing, exposing their families to the toxic mineral.

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

Asbestos victims often are required to file FELA claims with the makers of asbestos-containing equipment with which they worked. The manufacturers could be held accountable for failing to warn consumers about the dangers of their products, and for manufacturing asbestos-containing materials that were known to be dangerous.

For instance the family of a BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company owned the brake plant in which the nephew of the deceased worked. The family alleges the deceased’s Uncle often brought his asbestos-covered work clothes at home, and his children would slap the man when the clothes were on. This negligence led to the mesothelioma cancer that caused the death of the family member.

When workers are diagnosed with asbestos-related diseases like mesothelioma, 9363280.Xyz (http://Www.9363280.xyz) they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases are a way to hold accountable corporations that have blatantly disregard for the health and safety of railroad workers to maximize their own profits.

Asbestos suits against railroads led to compensations for families of injured workers. Because a manifest injury has to be proved to be able to bring a FELA case, countless railroad workers who have not developed an asbestos-related illness may not be able make an claim. This is a clear infringement to the tort law principle that compensates those who suffer due to others’ actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, certain railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws in order to ensure injured workers get the compensation they deserve.

Asbestos was extensively used in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was produced through cutting and machining of these components, which workers could breathe in. The asbestos dust could be ingested and cause lung issues such as mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related diseases, they can file a state-law claim against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts, where judges and juries possess vast experience in determining the compensation for mesothelioma sufferers. State courts also have priority to cases that are filed by living victims.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment she worked on. Her family was not able to win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing products on which she worked filed a motion for a summary judgment. They claimed that her state law claim was invalid since it did not claim that the company was aware of the dangers that come 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 loved ones obtain the compensation they are entitled to. His vast experience in FELA cases which include asbestos exposure, has allowed him to obtain millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers injured and their loved ones recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, especially in steam- and diesel-powered trains. It also posed a threat to many railway workers exposed to the toxic substance. The material is extremely durable and can withstand huge amounts of heat. However these properties are what make it hazardous to workers who work with it.

Because of the toxins in asbestos, it could take years for the symptoms like mesothelioma and lung cancer to manifest. These illnesses can be extremely expensive for the victims and their families as they need medical treatment and 9363280.xyz, look at these guys, have to deal with their physical and emotional discomfort. Asbestos-related diseases can be compensated by a variety of sources.

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

Railroad workers aren’t covered by the standard workers compensation system in many states. Instead, they are qualified to file a lawsuit against their employers under the protections of FELA.

This is a civil lawsuit where the victim must demonstrate that the negligence of their employer caused their mesothelioma, or any other injuries. However an upcoming case that was brought before the Supreme Court highlights a roadblock facing some railroad workers who try to claim their employers are responsible for the exposure they have to asbestos.

In this case, the family of a deceased railway employee filed an asbestos suit against PATCO. The Supreme Court’s ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their specific situation with an experienced attorney so that they can better ensure all legal rights are secured.