Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials often because it was a tough and heat-resistant material. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

In many cases, rail workers would 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 often exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, except that it is filed against an employer and 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 worker's compensation laws in that it covers workers who are injured on the job due to the negligence of their employers. It also allows railroad workers to file claims if they suffer from certain diseases, such as mesothelioma.

Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and Www.9363280.xyz local municipal and state railways are among the railroad companies which have been involved in asbestos litigation throughout the years. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing items like locomotive parts, boilers and 9363280.xyz railcar siding.

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

When filing the FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining most compensation for your injury. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for Www.9363280.Xyz the California railroad from 1955 until 1959 as a steam engine scrapper. He was a laborer who frequently brought asbestos dust to his home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and his family received a significant mesothelioma compensation.

It is important to be aware of the statute of limitations and your rights to an agreement when you are dealing with a FELA claim. Railroads that defend themselves frequently try to cut down on the amount they pay to a victim, by claiming they cannot prove the illness was caused directly due to their exposure to the work environment. It is crucial to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years railroad workers have been suffering from the effects of asbestos exposure. Rail remains an important part of freight transportation despite the fact that cars are now the most preferred mode of travel for passengers. Asbestos was used throughout the railroad industry to protect train engines, pipes and car parts.

In many cases, railroad workers were exposed to asbestos from working contact with the equipment they were servicing or repair. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral.

While railroad companies knew of asbestos' dangers by 1935, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses due to years of exposure to asbestos in the workplace.

Asbestos victims frequently file FELA claims with the makers of asbestos-containing equipment with which they worked. They could be held accountable for not warning of the risks associated with their products, or for producing asbestos-containing material that was known to be dangerous.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company owned the plant that made brakes where the uncle who died was employed. The family alleges that the deceased's uncle frequently brought work clothes to his home, and if he wore these clothes, his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This lapse in judgment led to mesothelioma cancer that killed the family member.

When asbestos-related diseases such as mesothelioma are discovered, workers lose the time they had to enjoy retirement and the final chapters in life. These cases make companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad workers in order to maximize their profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation claims for injured workers and their families. Since a clear injury has to be proved to bring 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 a clear violation of the fundamental principle of tort law: to provide compensation for those who suffer because of others' actions.

State Law Claims

While federal law lays the foundation for many asbestos lawsuits, some railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers are able to handle claims under various statutes and laws in order to help injured workers receive the compensation they need.

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

If railroad workers suffer from mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers and the producers of the products which exposed them to hazardous asbestos. These claims are brought before state courts where juries and judges have vast experience in determining the amount of compensation for mesothelioma sufferers. Additionally, state courts often give priority to and quickly forward cases brought by living plaintiffs.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products she worked with. Her family was unable prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that produced the asbestos-containing equipment she worked on filed an application for summary judgment in support of her state-law claim was not valid since it did not state that the manufacturer knew 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 individuals and the loved ones of those people get the compensation they are entitled to. His extensive background in FELA cases which include asbestos exposure, has allowed him to achieve millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers and their families collect damages from those who are responsible 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 design and construction of railroads. It also posed a threat to many railway workers exposed to the toxic substance. The material is extremely durable and Www.9363280.xyz can withstand huge amounts of heat. However these qualities are what make it hazardous to workers who work with it.

It can take years for mesothelioma symptoms and lung cancer to manifest due to the toxins found in asbestos. These illnesses can be very expensive for 9363280.Xyz families and victims, as they require medical attention and have to bear the physical pain and emotional suffering. Asbestos-related ailments can be paid by a variety of sources.

A mesothelioma lawyer is the most commonly used method by which railroad workers injured can receive financial compensation. These lawsuits can be filed in federal courts or state courts in which the railroad company is. Injury victims must prove that their employer was negligent and they have the right to financial compensation.

As opposed to other workplace injuries, railroad workers do not have access to the typical workers compensation system in the majority of states. Instead, they are legally able to bring an action against their employers under the protections of FELA.

This is a civil lawsuit in which the person who is injured has to prove that their employer's negligence caused their mesothelioma, or other injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them to asbestos.

In this case, the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based on FELA which goes over state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific situation with an experienced attorney so that they can better ensure that all legal rights are protected.