The Reason Railroad Asbestos Claims Is Fast Becoming The Trendiest Thing In 2023

Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing products because it was a robust and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for anyone who came into contact with it.

Most often, railway workers would carry asbestos dust that is deadly with them on their clothes and in their hair. This could expose their families to danger as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material that can cause many health problems, 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 injuries lawsuit, but it is filed against an employer and not an individual defendant like in the case of a criminal.

The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state worker's compensation laws in that it protects employees injured on the job due to the negligence of their employers. It also permits railroad workers to file claims against certain diseases like mesothelioma.

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

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos victims are eligible to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources to pay medical expenses, lost income and other expenses.

When submitting a FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining most compensation for your injury. Ken Danzinger, 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 an employee who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able expedite the case, and the family received an important mesothelioma compensation.

Understanding the statute of limitations and your rights in a settlement is essential when dealing with an FELA case. Defendant railroads often try to limit the amount paid to the victim by claiming that they can't prove that the illness is directly connected to their exposure at work. This is why it is important to seek legal assistance from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for a long time. Rail is still a vital component of freight transportation, even though automobiles are now the most preferred mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield train engines, pipes and car parts.

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

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the substance on their trains into the 1990s and into the 1980s. Sadly, many of these workers have developed life-threatening illnesses as a result of years of occupational exposure to the dangerous mineral.

Asbestos victims often are required to file FELA claims against manufacturers of the asbestos attorneys-containing equipment they used. These manufacturers may be held accountable for not advising of the dangers associated with their products, or for producing asbestos-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company owned the brake plant in which the nephew who died worked. The family alleges that the deceased's uncle often brought his work clothing at home, and that when they were wearing these clothes his children would play with him and roughhouse him while wearing his asbestos-covered work clothes. This lapse of care led to the mesothelioma which caused the death of the family member.

When asbestos-related diseases such as mesothelioma is diagnosed workers are deprived of the time they had to enjoy retirement and their final years of life. These cases hold accountable businesses that blatantly ignored the safety and health of dedicated railroad employees to maximize their own profits.

Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Since a clear injury must be proven to be able to bring the possibility of a FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able to make an claim. This is an obvious violation of the basic principle of tort law: to provide compensation for those who suffer as a result of other' actions.

State Law Claims

While federal law lays the foundation for many asbestos lawsuits, some railroad workers are covered by state law that could provide additional legal 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 need.

Asbestos was employed in various railway components including locomotive engines, brakes, and steam boilers. A lot of these components required cutting or machining which produced airborne asbestos dust that could be inhaled by workers. The asbestos dust may also be inhaled, causing lung diseases like mesothelioma.

When railroad workers suffer from mesothelioma or other asbestos-related illnesses 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 vast experience in determining the compensation for mesothelioma sufferers. In addition, state courts frequently offer priority to and swiftly forward cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing products she worked with. Her family was not able to win because the Supreme Court ruled her state-law claim preempted FELA.

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

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those people receive the compensation they deserve. His vast experience in FELA cases, including those involving asbestos exposure, has helped him secure millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families recover damages from those accountable for their injuries, illnesses, and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, particularly in diesel- and steam-powered trains. Unfortunately, it also proved to be very deadly for the railway workers who were exposed to the poisonous material. The material is durable and is able to withstand extreme heat, but these properties make it dangerous for the people who work with them.

It could take years for mesothelioma-related symptoms and lung cancer to appear because of the toxins in asbestos lawsuit. These illnesses can be very costly for victims and families, as they require medical attention and have to bear the physical and emotional pain. Fortunately, asbestos-related diseases are eligible for compensation from a variety of sources.

A mesothelioma lawyer is the most popular way that injured railroad workers can be awarded financial compensation. These lawsuits can be filed in federal courts, or state courts located close to the railroad company. Injured victims must prove their employer was negligent and they have the right to financial compensation.

Railroad workers are not covered under the standard workers compensation system in a number of states. Instead, they are eligible to file an action against their employers under the protections of FELA.

This is a civil claim where the injured person has to prove that the negligence of their employer caused their mesothelioma, or any other injuries. 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 employee filed an asbestos lawyers lawsuit against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific circumstances with an experienced lawyer so that they can better ensure that their legal rights are protected.