Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant product. However, these same qualities made asbestos toxic and deadly for those who came into contact with it.

Rail employees often brought asbestos dust particles to their homes on their clothes or in their hair. This could also put their families in danger.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad workers are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, however, it is filed against the employer, not a defendant like a criminal case.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job because of their employer's negligence. It also allows railroad employees to file claims asbestos compensation for certain illnesses such as mesothelioma.

Numerous railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national asbestos workers claims address corporations such as Amtrak and Transtar as well as local state and municipal railroads. Railroad workers could sue these companies, as well as the producers of asbestos claims process [pediascape.science]-containing items such as locomotive parts or boilers.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma sufferers are able to file state law claims, as well as FELA claims. This allows families to pursue compensation from a variety of sources to pay medical bills, lost income and other expenses.

It is crucial to find an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can assist you in obtaining 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 worker who brought navy asbestos claims dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and the family received a significant mesothelioma payout.

It is important to be aware of the statute of limitations and your rights to a settlement when dealing with the FELA claim. Railroads that defend themselves often try to reduce the amount they pay to a victim, claiming they cannot prove the illness was directly caused due to their exposure on the job. This is why it is important to seek legal help from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for years. While cars are now surpassing trains for most passengers however, the rail system remains an essential element of freight transportation. Asbestos was employed throughout the railroad industry to insulate pipelines, engines and car components.

Rail workers are often exposed to asbestos through their work with equipment that they service and repair. Workers wore asbestos dust on their clothing, which exposed their families to the harmful mineral.

While railroad companies were aware of asbestos' dangers by 1935 but they continued to employ asbestos in their trains until the 1980s and 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening illnesses due to years of occupational exposure.

Asbestos victims frequently have to file FELA claims with the makers of asbestos-containing equipment on which they worked. The manufacturers could be held liable for failing to warn consumers about the dangers of their products, and for manufacturing asbestos-containing materials that were known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company was the owner of the brake plant where the nephew who died worked. The family alleges the deceased's Uncle often brought his asbestos-covered work attire home and his children would slap the man when they saw him in these clothes. This negligence caused the mesothelioma cancer that killed the family member.

If workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable for having flagrantly neglected the safety and health demands of railroad workers to maximize their profits.

Asbestos suits against railroad companies resulted in compensation for families and workers who were injured. Since a demonstration of manifest injury is required for bringing a FELA claim, countless seemingly healthy railroad workers who don't get sick due to asbestos may not be able to bring claims. This is a clear violation of the tort law principle that pays those who suffer due to other people's actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws in order to ensure injured workers get the compensation they deserve.

Asbestos was used in a variety of railway components including locomotive engines, brakes and steam boilers. A lot of these components required machining or cutting which resulted in the formation of airborne asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled, causing lung diseases like mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related illnesses, they can file a state-law claim against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. Additionally, asbestos claims process state courts typically offer priority to and swiftly forward cases filed by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma after working as a welding worker for PATCO Railroad. She sued the companies who produced asbestos-containing products that she worked on. Unfortunately her family was not able to prevail as the Supreme Court ruled that her state law claim was preempted by FELA.

The company that produced the asbestos-containing products for which she worked filed a motion for a summary judgment. They asserted that her state law claim was not valid since it did not claim that the company was aware of the dangers associated with the use of asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the loved ones of those individuals obtain the compensation that they are entitled to. His vast experience in FELA cases which include asbestos - has helped him to secure millions of dollars for his clients through settlements and verdicts. He is committed to helping railroad workers injured and their families collect damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, especially in steam- and Asbestos Claims Process diesel-powered trains. However, it proved to be extremely dangerous for the railway workers who were exposed to the poisonous material. The material is very durable and is able to withstand massive amounts of heat; however, these qualities are exactly the reason it is dangerous for workers who work with it.

It could take years for mesothelioma symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These diseases can be extremely expensive for families and victims, as they require medical treatment and have to endure physical and emotional pain. Fortunately, asbestos-related illnesses are eligible for compensation from various sources.

The most popular method for railroad workers injured to receive financial compensation is via a lawsuit filed by a mesothelioma lawyer firm. The claims can be filed in federal court, or state courts located close to the railroad company. Injury victims must prove that their employer was negligent and that they are entitled to financial compensation.

Unlike most other workplace injuries railroad workers do not have access to the typical workers compensation system in a majority of states. They are instead legally able to bring an action against their employers under the protections of FELA.

This type of claim is a civil action where the victim must show that the negligence of their employer led to their mesothelioma or another injury. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this case the family of a deceased railway employee filed an asbestos suit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding because the claim is based on FELA which overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney about their particular situation so they can ensure that their legal rights are secured.