This Is The Complete Guide To Railroad Asbestos Claims

Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot because it was a tough and heat-resistant material. The same properties also made asbestos toxic and deadly to anyone who came into contact with it.

Rail employees often brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families in danger as well.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos lawsuit. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, with the exception that it is filed against an employer rather than the defendant in criminal cases.

The FELA is an act of the federal government that was passed in 1908 to protect railroad workers injured on the job. FELA is different from state's laws on worker's compensation, since it covers workers who suffer injuries on the job because of their employers negligence. Additionally, railroad employees are able to file claims for specific illnesses, such as mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar and local state and municipal railroads. Railroad workers can sue these companies as well as producers of asbestos-containing items such as locomotive parts or 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 seek compensation from multiple sources to pay for medical bills, lost wages and other expenses.

When filing an FELA claim, it is important to choose an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining maximum compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 to 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 his family received an important mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial when dealing with a FELA case. The railroads who defend themselves often attempt to cut the money that is paid to the victim, claiming that they can't prove that the illness was directly caused by their negligence to the work environment. This is why it is so important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

For many years, railroad workers have been suffering from asbestos exposure for years. Although cars now outnumber trains for most passengers but the rail network is a vital part of freight transportation. Asbestos has been used in the railroad industry for decades to insulate engine parts pipes, and other automobile components.

In many cases, railroad workers were exposed to asbestos due to working contact with the equipment they were servicing and fixing. Workers brought asbestos lawyer (Federatedjournals writes) dust home on their clothing, exposing their families to the harmful mineral.

While railroad companies knew of asbestos' dangers as of 1935 but they continued to employ asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result of years of occupational exposure to asbestos, a dangerous mineral.

Asbestos victims often have to file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. These manufacturers may be held liable for not warning of the dangers associated with their products, and for producing asbestos-containing material that was found to be harmful.

For instance the family of the BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant where the nephew who died worked. The family alleges that the deceased's uncle regularly brought his work clothing to his home, and if the clothes were on, his children would play with him and roughhouse him when wearing asbestos-covered work clothes. This lapse of care led to the mesothelioma which caused the death of the family member.

If 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 final chapters of their lives. These cases bring to justice companies that flagrantly disregarded the safety and health of railroad workers to increase their profits.

Asbestos suits against railroads resulted in compensation for families of injured workers. However, since a proof of a manifest injury is required to bring a FELA claim, many seemingly healthy railroad workers who never develop an asbestos-related disease might be unable to make such a claim. This is a clear breach of the tort law principle that compensates the victims of other people's 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 a variety of statutes and laws to help injured workers receive the compensation they need.

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

If railroad workers contract mesothelioma or other asbestos-related illnesses, they can make a claim under the state law against their employers and the manufacturers of the products which exposed them to asbestos. These claims are brought before state courts, where judges and juries have vast experience in determining the amount of compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living mesothelioma victims.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder at PATCO Railroad. She filed a lawsuit against the companies that manufactured the asbestos-containing equipment she used to work 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 manufactured the asbestos-containing equipment she worked on filed a motion for summary judgement and argued that her state law claim was not valid since it did not state that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families get the compensation they are entitled to. His extensive experience in FELA cases including asbestos cases - has allowed him to secure millions of dollars for his clients through verdicts and settlements. He is committed to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railroads. Unfortunately, it also proved to be extremely dangerous for the railway workers who were exposed to the poisonous material. The material is extremely tough and is able to withstand massive quantities of heat. However these properties are what make it dangerous for workers who work with it.

It can take years for symptoms like mesothelioma and lung cancer to show up because of the toxins in asbestos. These diseases can be extremely expensive for patients and their families, as they need medical treatment and have to deal with their physical and emotional suffering. Asbestos-related ailments can be paid through a variety of sources.

The most common way for injured railroad workers to get financial compensation is through a lawsuit filed with a mesothelioma law firm. The claims can be filed in federal courts or state courts close to the railroad company. Injury victims must prove that their employer was negligent and they are entitled to financial compensation.

Unlike most other workplace injuries, railroad workers do not have access to the standard workers compensation system in a majority of states. Instead, they are qualified to file an action against their employers under the protections of FELA.

This type of claim is a civil suit where the victim must show that their employer's negligence caused mesothelioma or other ailment. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them asbestos.

In this particular case the family member of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from proceeding because the claim is based upon 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 secured.