Are Railroad Asbestos Claims As Important As Everyone Says

Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing products due to its durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly for those who came into contact with it.

Often, rail employees often carry asbestos dust particles that are deadly on their clothes and hair. This could put their families in danger.

Federal Employers Liability Act

Asbestos is a hazard that railroad workers are exposed. Asbestos is a hazardous material that can cause a variety of health issues including cancer. 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 however, it is filed against the employer instead of the defendant in criminal cases.

The FELA is an act of the federal government that was passed in 1908 to protect railroad workers who are injured on the job. FELA is different than the state's worker's compensation laws because it protects employees who suffer injuries on the job due to their employers negligence. It also allows railroad employees to file claims for certain illnesses, such as mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers may sue these companies as well as manufacturers of asbestos-containing goods like locomotive parts and boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related mesothelioma victims are able to file state-law claims, as well as FELA claims. This allows families to pursue compensation from various sources in order to help pay medical bills, lost income, and other expenses.

When filing the FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can help you get maximum compensation for your injury. 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 scrapper of steam engines. He was an employee who brought asbestos dust home on his clothing and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and the family was awarded an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial in an FELA case. The railroads that are defending themselves often attempt to cut the amount they pay to the victim, claiming they cannot prove the illness was directly caused by their exposure on the job. It is crucial to seek the legal advice of a knowledgeable railroad lawyer.

asbestos lawyer Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for years. Rail is still an integral part of freight transportation, even though automobiles are now the most popular mode of transport for passengers. Asbestos was used in the railroad industry for decades to protect engine parts, pipes and other components of automobiles.

In many instances railroad workers were exposed to asbestos due to working contact with the equipment they were servicing or repairing. Workers also brought home asbestos dust on their clothes, exposing their spouses and children to the toxic mineral too.

Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the material in their trains throughout the 1980s and 90s. Unfortunately, a lot of these workers have developed life-threatening illnesses as a result of their exposure to the hazardous mineral.

Asbestos victims frequently file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held responsible for not warning of the dangers associated with their products, as well as for producing asbestos-containing material that was recognized as harmful.

For example the family of an BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant in which the deceased's nephew worked. The family alleges that the deceased's uncle regularly brought his work clothes home, and when he wore these clothes his children would play with him and roughhouse him while wearing asbestos-covered work clothing. This negligence led to mesothelioma that caused the death of the family member.

When workers are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold the companies accountable for having blatantly ignored the health and safety requirements of dedicated railroad employees to maximize profits.

Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Since a demonstration of a manifest injury is required to bring a FELA claim, many healthy railroad workers who do not suffer from an asbestos-related illness may be unable to make such an claim. This is an obvious violation of the basic principle of tort law: to compensate those who suffer due to the actions of others' actions.

State Law Claims

While federal law provides the basis for the majority of Asbestos Lawsuits (Postheaven.Net), a few railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers are able to deal with claims under a range of laws and statutes to help injured workers and their families get the justice they deserve.

Asbestos was used in various railway components like locomotive engines, brakes, and steam boilers. A lot of these components required cutting or machining which created asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

When railroad workers suffer from mesothelioma, or other asbestos-related diseases and diseases, they could have state-law claims against their employers as well as the producers of the products that exposed them asbestos lawyers. These claims are filed in state courts where juries and judges have extensive experience in determining the proper compensation for mesothelioma victims. Additionally, state courts typically give priority to and speedily forward cases filed by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welder at PATCO Railroad. She sued the companies who made asbestos-containing products she worked on. Unfortunately, her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that made the asbestos-containing products for which she worked filed a motion for a summary judgment. They claimed that her state law claim was not valid because it did not allege that the company 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 loved ones of those people obtain the compensation that they are entitled to. His extensive experience in FELA cases which include asbestos lawyer has helped him obtain millions of dollars for his clients through verdicts and settlements. He is dedicated to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, especially in diesel and steam-powered trains. It also posed a threat to the railway workers who were exposed the toxic substance. The material is strong and can endure extreme heat, but these properties make it dangerous for those who work with them.

It could take years for mesothelioma-related symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These illnesses can be extremely expensive for patients and their families, as they require medical treatment and are faced with physical and emotional pain. Fortunately, victims of asbestos-related diseases are eligible for compensation from a variety of sources.

The most common way for railroad workers injured to receive financial compensation is through the filing of a lawsuit by a mesothelioma lawyer firm. These lawsuits can be filed in federal courts or state courts in which a railroad company is located. Injured victims must prove their employer was negligent and that they have the right to financial compensation.

Unlike most other types of workplace injuries, railroad workers do not have access to the traditional workers compensation system in a majority of states. They are instead eligible to file a lawsuit against their employers under the protections of FELA.

This kind of claim is a civil action where the injured person must prove that the negligence of their employer caused their mesothelioma, or other ailment. A recent case before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this case, the family of a deceased railway employee filed an asbestos suit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA which is a law that overrules state laws regarding asbestos attorneys claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney about their specific circumstances so that they can ensure that their legal rights are secured.