It s The Good And Bad About Railroad Asbestos Claims

Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot due to its durability and heat-resistant product. These same qualities also made asbestos poisonous and deadly to anyone who came into contact with it.

Often, rail employees often carry asbestos dust particles that are deadly with them on their clothing and in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. asbestos attorney can cause cancer and other health issues. Fortunately, railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injuries lawsuit, with the exception that it is filed against an employer, not a defendant as in a criminal case.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state's laws on worker's compensation, since it covers workers who are injured on the job due to their employers negligence. Additionally, railroad employees are able to file claims for specific illnesses such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroads that have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing products like locomotive parts or boilers.

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 permits families to seek compensation from a variety of sources in order to help pay for medical bills, lost income and other expenses.

It is essential to choose an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can help you obtain maximum compensation for your injuries. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case and the family received an important mesothelioma payout.

It is essential to understand the statute of limitations and your rights to a settlement when dealing with a FELA claim. Defendant railroads often try to limit the amount of money paid to the victim by claiming that they cannot prove that the illness is directly connected to the exposure they endured at work. This is why it is important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

For many years railroad workers have been suffering from the effects of asbestos exposure. Rail is still an integral part of freight transport even though cars are the most popular mode of transport for passengers. Asbestos was used in the railroad industry for many years to protect engine parts, pipes, and other automobile components.

In many instances, railroad workers were exposed to asbestos attorney through working contact with the equipment they were servicing and fixing. Workers wore asbestos dust on their clothes, exposing their families to the harmful mineral.

Although railroad companies were aware of asbestos' dangers by 1935 but they continued to employ it on their trains until the 1980s and 1990s. Unfortunately, a lot of these workers are currently suffering from serious illnesses because of years of exposure to asbestos in the workplace.

Asbestos victims frequently have to file FELA claims against the makers of the asbestos-containing equipment they worked on. They can be held accountable for their failure to warn consumers about the dangers of their products as well as for manufacturing asbestos-containing materials that were found to be harmful.

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

When asbestos-related illnesses like mesothelioma are diagnosed, workers lose the time they been able to enjoy retirement and their final chapters in life. These cases are a way to hold accountable companies that flagrantly disregarded the health and safety of dedicated railroad employees to increase their profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a clearly-defined injury must be proven to be able to bring a FELA case, many railroad workers who never developed an asbestos-related illness may not be able to file claims. This is a clear violation of the tort law principle of compensation for those who suffer due to other people's actions.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, some railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers are able to handle claims under a variety of laws and statutes to ensure that injured workers and their families receive the compensation they deserve.

Asbestos was employed in various railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was produced through cutting and machining of these components, and workers could breathe in. This asbestos dust can be inhaled and cause lung issues such as mesothelioma.

If railroad workers suffer from mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers and the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate compensation for mesothelioma sufferers. State courts also give priority and advance cases filed by living victims.

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

The company that manufactured the asbestos-containing equipment she worked on filed a motion for summary judgment and argued that her state law claim was unconvincing because it did not allege that the manufacturer was aware of the dangers of using asbestos in their 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 get the compensation they are entitled to. His extensive background in FELA cases that 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 and their families obtain damages from those who are accountable for their injuries, illnesses and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the construction and design of railways. However, it proved to be extremely deadly for the railway workers who were exposed to the poisonous material. The material is extremely durable and is able to withstand massive quantities of heat. However these properties are what make it dangerous for those who work with it.

Due to the toxins found in asbestos, it could take decades for symptoms such as mesothelioma or lung cancer to show up. These diseases can be extremely costly for victims and their families as they need medical treatment and must deal with their physical and emotional suffering. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from a variety of 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 close to the railroad's company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

Unlike most other types of workplace injuries, railroad workers do not have access to the typical workers compensation system in a majority of states. Railroad workers are able to sue their employers under FELA protections.

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

In this particular case a family member of a deceased railway worker 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 going forward because the claim is based on FELA which goes over state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney about their particular situation so they can ensure that their legal rights are secured.