7 Things You Didn t Know About Railroad Asbestos Claims

Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials because it was a highly durable and heat-resistant substance. But, these same qualities made asbestos a deadly and toxic material for anyone who came into contact with it.

In many cases, rail workers would take asbestos dust that is deadly on their clothes and in their 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. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but it is filed against an employer rather than a defendant as in the case of a criminal.

The FELA is an act of the federal government that was adopted in 1908 to safeguard railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it protects employees injured on the job because of their employer's negligence. It also permits railroad workers to file claims against 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 like Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers can sue these companies under FELA and also manufacturers of asbestos-containing items like boilers, locomotive parts, and railcar siding.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos victims are eligible to claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from a variety of sources to help pay for medical expenses, lost income and other expenses.

When filing the FELA claim it is essential to choose an experienced attorney. 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 until 1959 as a scrapper of steam engines. He was a laborer who frequently brought home asbestos dust on his clothes and in his hair, and the cancer was diagnosed in 2012. Ken was able to speed up the case and his family received an important mesothelioma compensation.

Understanding the statute of limitations and your rights in a settlement is crucial in a FELA case. Railroads that are defending themselves often attempt to reduce the amount of money paid to the victim by claiming that they cannot prove that their illness is directly related to their exposure at work. This is why it is important to seek legal advice from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for years. Although cars now outnumber trains for most passenger travel but the rail network is an essential component of freight transportation. Asbestos was employed throughout the railroad industry to protect train engines, pipes and car parts.

Rail workers are often exposed to asbestos as they work with the equipment they repair and service. Workers also brought home asbestos dust on their clothing, exposing their spouses and children to the toxic mineral as well.

While railroad companies knew of asbestos' dangers as of 1935 but they continued to employ it on their trains until the 1980s and the 1990s. Unfortunately, many of these workers are now suffering from life-threatening diseases due to years of exposure to asbestos.

Asbestos victims often file FELA claims against manufacturers of the asbestos-containing equipment that they used. These manufacturers may be held liable for not advising of the dangers associated with their products, and for producing asbestos-containing material that was recognized as harmful.

For instance the family of a BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the deceased's uncle was employed. The family alleges the deceased's uncle often brought his asbestos-covered work clothing home and his children would roughhouse the man when he was wearing these clothes. This negligence led to the mesothelioma cancer that caused the death of the family member.

When asbestos attorney-related diseases such as mesothelioma are diagnosed, workers lose the time they would have been able to enjoy retirement and the final chapters in life. These cases are a way to hold companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad employees to maximize profits.

Asbestos lawsuits against railroads resulted in compensation for families and workers who were injured. Since a clear injury must be proven in order to establish an FELA case, thousands of railroad workers who never developed an asbestos-related illness may not be able to make a claim. This is an obvious violation of the underlying principle of tort law, which is to compensate those who suffer because of others' actions.

State Law Claims

While federal law is the foundation for most asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can handle claims under different statutes and laws in order to ensure injured workers receive the compensation they need.

asbestos lawyers was utilized in various railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was generated through cutting and machining of these parts, which workers could inhale. The asbestos dust may also be inhaled, which can cause lung issues like mesothelioma.

When railroad workers suffer from mesothelioma or any other asbestos-related illness and diseases, they could 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 possess vast experience in determining the amount of compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living mesothelioma victims.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products that she worked on. Unfortunately, her family was unable to prevail because 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 an application for a summary judgment. They asserted that her state law claim was invalid because it did not allege that the manufacturer was aware of the dangers that come with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their family members of those who suffer from the same obtain the compensation that they are entitled to. His extensive experience in FELA cases, including those involving asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers injured and their loved ones 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 used in the design and construction of railroads. It also caused serious harm to many railway workers exposed to the toxic substance. The material is very durable and is able to withstand massive amounts of heat; however these properties are the reason it is dangerous for people who work with it.

It could take years for symptoms like mesothelioma and lung cancer to appear due to the toxins found in asbestos lawyer. These illnesses can be very expensive for the families of victims, as they require medical treatment and to bear the physical and emotional pain. Fortunately, victims of asbestos-related illnesses are eligible for compensation from various sources.

A mesothelioma lawyer is the most common way that injured railroad workers can be awarded financial compensation. These claims can be brought in federal courts, or state courts located near the railroad company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in many states. Railroad workers are able to 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 prove that negligence by their employer led to their mesothelioma or other ailment. However an upcoming case brought to the Supreme Court highlights a roadblock that railroad workers face when they attempt to make their employers accountable for exposure to 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. 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 overrides state laws regarding asbestos claims. However, it is crucial for injured railroad workers to discuss their specific situation with an experienced lawyer so that they can better ensure all legal rights are secured.