7 Essential Tips For Making The Most Of Your Railroad Asbestos Claims

Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing products because it was a durable and heat-resistant substance. The same properties also made asbestos toxic and deadly for those who came in contact with it.

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

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed. Asbestos is a hazard that can cause many health problems including cancer. Fortunately, railroad employees are able to get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but it is filed against the employer, not the defendant in a criminal case.

The FELA is a federal law enacted in the year 1908 to protect railroad workers who were injured on the job. FELA is different than the state's worker's compensation laws because it protects employees who are injured at work due to their employers negligence. It also allows railroad employees to file claims against certain diseases like mesothelioma.

Over the years, several railroad companies have been involved in asbestos attorneys litigation. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation over the years. Railroad workers can sue these companies under FELA and also manufacturers of asbestos-containing products, such as boilers, locomotive parts, and railcar siding.

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 allows families to pursue compensation from multiple sources to pay medical bills, lost income, and other expenses.

If you are filing the FELA claim, it is important to choose an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma experience who can help you obtain maximum compensation for your injuries. Ken Danzinger, shareholder at the firm, represented the family member who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was a laborer who frequently brought asbestos dust home on his clothes and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able expedite the case and the family received a significant mesothelioma payout.

Understanding the statute of limitation and your rights in a settlement is crucial when dealing with the FELA case. Railroads who are defendants frequently try to limit the amount of money paid out to a victim by claiming that they cannot prove that their illness is directly related to their exposure at work. It is essential to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have been suffering from the effects of asbestos exposure. Although cars have now surpassed trains for most passengers, the rail network remains a vital part of freight transportation. Asbestos was used throughout the railroad industry to insulate train engines, pipes and car components.

In many instances, railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or repair. Workers brought asbestos dust home on their clothes, exposing their families to the poisonous mineral.

Railroad companies were aware of asbestos lawyer' dangers in 1935, but continued to use the substance in their trains throughout 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 in the workplace.

Asbestos victims often file FELA claims against the makers of the asbestos-containing equipment they worked on. These manufacturers may be held responsible for not advising about the dangers that could be posed by their products, or for producing asbestos-containing material that was known to be harmful.

For instance, the family of the BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant at which the nephew who died worked. The family claims that the deceased's uncle would often bring his asbestos-covered work clothes to his home and that his children would roughhouse the man when he was wearing these clothes. This negligence led to the mesothelioma cancer that killed the family member.

If workers are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases make the companies accountable for having blatantly disregarding the health and safety requirements of dedicated railroad workers in order to maximize their profits.

Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Unfortunately, because a showing of injury that is manifest is required to file an FELA claim, many healthy railroad workers who don't suffer from an asbestos-related illness may not be able to bring a claim. This is a clear infringement to the tort law principle that compensates the victims 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 may 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 utilized in a variety of railway components including locomotive engines, brakes and steam boilers. Asbestos dust was created by machining and cutting many of these components, and workers could inhale. This asbestos dust can be ingested and cause lung issues such as mesothelioma.

If railroad workers suffer from mesothelioma or any other asbestos-related illness, 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 extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts often give priority to and quickly move cases filed by living plaintiffs.

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

The company that produced the asbestos-containing products for which she worked filed a motion for a summary judgment. They claimed that her state law claim was invalid because it did not allege the manufacturer knew of the dangers that come with using asbestos lawyers in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their family members of those who suffer from the same get the compensation they deserve. His vast experience in FELA cases which include asbestos - has allowed him to secure millions of dollars for his clients through verdicts and settlements. He is committed to helping railroad workers injured and their families collect damages from those who are 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 used extensively in the construction of railroads, particularly in steam- and diesel-powered trains. However, it proved to be extremely deadly for many railway workers who were exposed to the toxic material. The material is tough and is able to endure extreme heat, but these properties make it dangerous for those who work with them.

It can take years for mesothelioma-related symptoms and lung cancer to manifest because of the toxins in asbestos. These diseases can be extremely expensive for the victims and their families, as they require medical treatment and must deal with their physical and emotional suffering. Fortunately, victims of asbestos-related diseases are eligible for compensation through various 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 close to the railroad's company. Injury victims must prove that their employer was negligent and they are entitled to financial compensation.

As opposed to other workplace injuries railroad workers don't have access to the typical workers compensation system in the majority of states. Rather, these workers are legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the injured person must show that their employer's negligence led to their mesothelioma or another injury. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them to asbestos.

In this case the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based on FELA which goes over state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their specific circumstances with an experienced attorney to better ensure that all legal rights are protected.