Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing materials because it was a highly durable and heat-resistant substance. However, the same characteristics made asbestos toxic and deadly for those who came into contact with it.

Rail employees often brought asbestos dust particles home on their clothing or in their hair. This could put their families at risk.

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed. Asbestos can cause cancer as well as other health problems. Thankfully, railroad workers are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar 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 an act of the federal government that was adopted in 1908 to protect railroad workers who were injured on the job. FELA differs from state workers’ compensation laws in that it covers employees injured on the job due to the negligence of their employers. It also allows railroad employees to file claims when they develop certain illnesses, such as mesothelioma.

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

In addition to the federal law, some states have their own worker’s compensation programs. Asbestos victims are eligible to claim mesothelioma under state law in addition to FELA claims. This allows families to seek compensation from a variety of sources to help pay medical bills, lost wages, and other expenses.

When filing an FELA claim, it is important to choose an experienced attorney. Simmons Hanly Conroy’s attorneys have a wealth mesothelioma expertise and can assist you in obtaining 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 frequently brought asbestos dust to his home on his clothes and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able to expedite the case and the family was awarded a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on a FELA case. Railroads that defend themselves often try to reduce the amount they pay to a victim, claiming they cannot prove the illness was caused directly by their negligence on the job. It is essential to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for years. While cars are now surpassing trains for the majority of passenger travel however, the rail system remains an essential element of freight transportation. Asbestos has been utilized in the railroad industry for decades to insulate engine parts pipes, and other automobile components.

In many instances railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing and fixing. Workers also brought home asbestos dust on their clothing, exposing their children and spouses to the harmful mineral as well.

While railroad companies knew of asbestos’ dangers as of 1935 however, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases because of years of exposure to asbestos.

Asbestos victims frequently have to file FELA claims against the makers of the asbestos-containing equipment they used. The manufacturers could be held accountable for not advising of the dangers associated with their products, as well as for manufacturing asbestos-containing material that was recognized as harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company owned the plant that made brakes where the uncle who died was employed. The family alleges that the deceased’s uncle frequently brought work clothes home, 9363280.xyz and when they were wearing these clothes his children would play with him and roughhouse him while wearing asbestos-covered work clothing. This negligence caused the mesothelioma that killed the family member.

When asbestos-related illnesses like mesothelioma are diagnosed, workers lose the time they would have been able to enjoy retirement and their final years of life. These cases bring to justice corporations that have blatantly disregard for the safety and health of dedicated railroad employees to maximize their own profits.

Asbestos suits against railroads resulted in compensation for families and workers who were injured. Since a demonstration of manifest injury is required to bring a FELA claim, many healthy railroad workers who never get sick due to asbestos may not be able to bring an claim. This is clearly in violation of the fundamental principle of tort law: to compensate those who suffer as a result of other’ actions.

State Law Claims

While federal law is the foundation for the majority of asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos lawyers are able to handle claims under a variety of statutes and laws in order to help injured workers receive the compensation they deserve.

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 created asbestos dust which could be inhaled by workers. The asbestos dust can be inhaled, causing lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related illnesses, they may have state-law claims against their employers as well as the manufacturers of the products that exposed them to dangerous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. State courts also offer priority to cases and advance filing by living mesothelioma victims.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing equipment she worked on. Her family was unable win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that produced the asbestos-containing equipment that she worked on filed a motion for summary judgment, arguing that her state-law claim was unconvincing because it did not allege that the manufacturer knew the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they deserve. His extensive 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 injured and their loved ones recover damages from the parties responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively utilized in the construction and design of railways. However, 9363280.Xyz (http://Www.9363280.Xyz) it proved to be extremely dangerous for many railway workers who were exposed to the toxic substance. The material is extremely durable and capable of withstanding immense amounts of heat. However these properties are what make it hazardous to those who work with it.

It can take years for symptoms like mesothelioma and lung cancer to show up due to the toxins that are found in asbestos. These illnesses can be very expensive for families and victims who require medical attention and have to deal with their physical pain and emotional suffering. Fortunately, victims of asbestos-related diseases can receive compensation from various sources.

The most common way for injured railroad workers to get financial compensation is through the filing of a lawsuit 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 that they are entitled to financial compensation.

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

This is a civil claim where the injured person has to prove that the negligence of their employer caused their mesothelioma or other injury. However the recent case that was brought to the Supreme Court highlights a roadblock that railroad workers face when they are trying to hold their employers accountable for exposing them to asbestos.

In this case, the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. The Supreme Court’s decision in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from going forward because the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their specific circumstances with an experienced lawyer to better ensure that their legal rights are protected.