Railroad Asbestos Claims
Railroad workers often utilized or worked around asbestos-containing materials because it was a highly robust and heat-resistant material. The same properties also made asbestos attorney poisonous and deadly for those who came into contact with it.
Rail employees often carried asbestos Lawyer dust particles home on their clothing or in their hair. This could also put their families in danger.
Federal Employers Liability Act
Asbestos is a hazardous material that railroad workers are exposed. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers can seek compensation from their employers 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 rather than a defendant as in the case of a criminal.
The FELA is a federal law that was adopted in 1908 to safeguard railroad workers injured on the job. FELA differs from state's worker's compensation laws, because it protects employees who are injured on the job because of their employers ' negligence. It also permits railroad workers to file claims when they suffer from certain diseases like mesothelioma.
Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies which have been involved in asbestos litigation over the years. Railroad workers could sue these companies and manufacturers of asbestos-containing goods like locomotive parts or boilers.
Certain states have their own programs for workers' compensation in addition to federal law. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from a variety of sources in order to help pay medical bills, lost income and other expenses.
It is essential to choose an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in getting the most compensation for your injury. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothing and in his hair. Then, the cancer was diagnosed in 2012. Ken was able to speed up the case, and the family received an extensive mesothelioma settlement.
Understanding the statute of limitation and your rights in a settlement are crucial when deciding on an FELA case. Railroads that defend themselves frequently try to cut down on the money that is paid to a victim, by claiming that they can't prove that the illness was directly caused by their negligence at work. It is crucial to seek the legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
For many years railroad workers have suffered from asbestos exposure for years. Rail remains an important part of freight transport despite the fact that cars are now the most popular mode of travel for passengers. Asbestos has been utilized in the railroad industry for decades to insulate engine parts pipes and other components of automobiles.
Rail workers are often exposed to asbestos through their work with the equipment they service and repair. Workers wore asbestos dust on their clothing, exposing their families to the toxic mineral.
Railroad companies were aware of asbestos's dangers in 1935, but continued to use the substance in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses because of years of exposure to asbestos.
Asbestos victims typically are required to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held liable for not warning about the dangers that could be posed by their products, as well as for manufacturing asbestos-containing material that was recognized as harmful.
For instance the family of the BNSF railroad worker who died of mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant at which the deceased's nephew worked. The family alleges the deceased's Uncle often brought his asbestos-covered work clothing to his home and that his children would beat the man when he was wearing these clothes. This lapse of judgment led to mesothelioma cancer that killed the family member.
When asbestos-related illnesses like mesothelioma are diagnosed, workers lose the time they had to enjoy retirement and the final years of life. These cases make the companies accountable for having blatantly ignored the health and safety demands of railroad workers to maximize profits.
Asbestos lawsuits against railroads resulted in compensations for families and workers who were injured. Since a clearly-defined injury has to be proved to bring the possibility of a FELA case, many railroad workers who have not been diagnosed with an asbestos-related disease may not be able to file a claim. This is a clear infringement of the tort law principle that pays the victims of the actions of others.
State Law Claims
While federal law is the foundation for many asbestos lawsuits, a few railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers can handle claims under different statutes and laws in order to help injured workers receive the compensation they deserve.
Asbestos was used in various railway components, including locomotive engines, brakes and steam boilers. Asbestos dust was created through cutting and machining of these components, which workers could breathe in. The asbestos lawyers dust could be ingested and cause lung problems like mesothelioma.
If railroad workers contract mesothelioma, or any other asbestos-related diseases, they may file a state-law claim against their employers and the manufacturers of the products which exposed them to asbestos. These claims are filed in state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly forward cases filed by living plaintiffs.
This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder at PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products that she worked on. Her family was unable prevail because the Supreme Court ruled her state-law claim preempted FELA.
The company that produced the asbestos-containing equipment that she worked on filed a motion for summary judgement and argued that her state law claim was not valid because it did not claim that the manufacturer was aware of the risks 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 receive the compensation they deserve. His vast experience in FELA cases including asbestos cases - has helped him to obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers and their families recover damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was widely used in the construction of railroads, particularly in steam- and diesel-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is extremely durable and can withstand huge amounts of heat. However, these qualities are exactly what make it dangerous for those who work with it.
Due to the toxins found in asbestos, it can take decades for signs like mesothelioma and lung cancer to show up. These diseases can be extremely costly for victims and their families as they require medical care and are faced with physical and emotional suffering. Asbestos-related diseases can be compensated through a variety of sources.
The most common method for railroad workers injured to receive financial compensation is through a lawsuit filed by a mesothelioma lawyer firm. These claims can be filed in federal courts or state courts in which a railroad company is located. A victim of injury must prove that their employer's negligence caused their injury, and they are entitled to financial compensation.
In contrast to other workplace injuries railroad workers don't have access to the typical workers compensation system in the majority of states. They are instead eligible to file a lawsuit against their employers under the protections of FELA.
This is a civil claim in which the person who is injured must prove that the negligence of their employer caused their mesothelioma, or other injuries. A recent case that was heard by the Supreme Court highlights an obstacle for some 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 suit against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nonetheless essential that railroad workers who are injured speak with an attorney about their specific circumstances so that they can ensure all of their legal rights are protected.