Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials often because it was a durable and heat-resistant material. However, the same characteristics made asbestos a deadly and toxic material for anyone who came into contact with it.

Rail workers frequently brought asbestos dust particles home on their clothes or in their hair. This could put their families in danger 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 can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but it is filed against the employer, not an individual defendant as in a criminal case.

The FELA is an act of the federal government that was enacted in the year 1908 to safeguard railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers employees who are injured on the job due to the negligence of their employers. Additionally, railroad employees are able to file claims for certain illnesses such as mesothelioma.

Over the years, several railroad companies have been involved in asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as municipal and local railroads as well as state railroads. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing products, such as boilers, locomotive parts and railcar siding.

Certain states have their own programs for workers' compensation in addition to federal law. Asbestos-related victims can claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from multiple sources in order to help pay medical expenses, lost income and other expenses.

It is important to hire an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining most compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family of a man who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a laborer who often brought asbestos dust home on his clothes and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when dealing with an FELA case. Railroads that are defending themselves often attempt to reduce the amount paid to victims by claiming that they can't prove that their illness is directly related to their exposure at work. This is why it is so important to seek legal assistance from an experienced attorney for railroads.

Asbestos Manufacturers

For many years railroad workers have been suffering from asbestos exposure for years. Rail remains an important part of freight transportation, even though automobiles are now the most preferred mode of transport for passengers. Asbestos has been utilized in the railroad industry for a long time to protect engine parts, pipes and automobile components.

In many cases, railroad workers were exposed to asbestos through on-the-job contact with the equipment they were servicing and repair. Workers also brought asbestos dust home on their clothing, exposing their spouses and children 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 1980s and 90s. Unfortunately, a large number of workers have developed life-threatening illnesses as a result of exposure to the dangerous mineral.

Asbestos victims frequently have to file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held accountable for not warning about the dangers that could be posed by their products, as well as for producing asbestos-containing materials that was known to be dangerous.

For instance, the family of a BNSF railroad worker who died of mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant at which the nephew who died worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothes at home, and his children would beat the man when they saw him in these clothes. This negligence led to mesothelioma which caused the death of the family member.

When asbestos-related diseases such as mesothelioma is diagnosed workers lose the time they had to enjoy retirement and their final years. These cases hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to maximize their own profits.

Asbestos suits against railroads led to compensations for injured workers and families. Unfortunately, because a showing of a manifest injury is required to bring a FELA claim, countless seemingly healthy railroad workers who don't suffer from an asbestos-related illness may not be able to bring a claim. This is a clear breach to the tort law principle of compensation for the victims of other people's actions.

State Law Claims

While federal law is the basis for most asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can deal with claims under a range of different statutes and laws to ensure injured workers and their families get the amount of compensation they are entitled to.

navy asbestos claims was extensively used in railway components, such as steam boilers, locomotive engines and brakes. asbestos disease claims dust was created by machining and cutting many of these components, which workers could breathe in. This asbestos trust claims dust can also be inhaled, causing lung issues like mesothelioma.

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

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing products she worked on. 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 a motion for summary judgement in support of her state-law claim was not valid since it did not state that the company knew about the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families get the compensation they are entitled to. His extensive experience in FELA cases, including those involving asbestos exposure, has allowed him to achieve millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers injured and their loved ones recover damages from the parties responsible for their ailments and injuries, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Asbestos Claim Lawyers Montana.

Compensation

Asbestos was used extensively in the construction of railroads, specifically in diesel- and steam-powered trains. Unfortunately, it also proved to be very deadly for many 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 qualities are exactly what make it hazardous to workers who work with it.

Due to the toxins found in asbestos, it can take decades for signs such as mesothelioma or cancer to manifest. These conditions can be very expensive for patients and their families since they need medical treatment and must deal with their physical and emotional discomfort. Fortunately, victims of asbestos-related diseases can receive compensation through various sources.

A mesothelioma lawyer is the most common method through which railroad workers who have been injured are able to receive financial compensation. The claims can be filed in federal courts, or state courts located close to the railroad's company. Injury victims must prove that their employer was negligent and that they have the right to financial compensation.

As opposed to other types of workplace injuries railroad workers do not have access to the traditional workers compensation system in the majority of states. Rather, these workers are qualified 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 their employer's negligence caused 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 to asbestos.

In this case, the family of a deceased railway employee filed a lawsuit for asbestos Claim lawyers (Https://www.feldgrau-forum.com) against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which is a federal law that overrules state laws regarding asbestos disease claims claims. It is nevertheless important for railroad workers injured to discuss their specific situation with an experienced attorney to better ensure all legal rights are secured.