Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials often because it was a durable and heat-resistant product. These same qualities also made asbestos poisonous and deadly to anyone who came into contact with it.

Often, rail employees would take asbestos dust particles that are deadly with them on their clothing and hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos can 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 an injury lawsuit, but is filed against the employer, not an individual defendant as in criminal cases.

The FELA is a federal law that was passed in 1908 to safeguard railroad workers who are injured on the job. FELA differs from state's worker's compensation laws because it protects employees who are injured at work due to the negligence of their employers. It also allows railroad workers to file claims when they suffer from certain diseases, such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations such as Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers may sue these companies, as well as the manufacturers of asbestos-containing products such as locomotive parts or boilers.

In addition to the federal law, a few states have their own worker's compensation programs. asbestos claims payout-related mesothelioma victims are able to file state-law claims as well as FELA claims. This permits families to seek compensation from various sources to pay for medical bills, lost wages and other expenses.

If you are filing an FELA claim it is crucial to work with an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma knowledge that can assist you in obtaining maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was an employee who brought asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able expedite the case and his family received a significant mesothelioma settlement.

It is important to be aware of the time limit and your rights to a settlement when dealing with an FELA claim. The railroads who defend themselves often attempt to cut the amount of money paid to a victim, Claiming For Asbestos Related Illness that they can't prove that the illness was directly caused by their exposure on the job. It is essential to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have suffered from asbestos exposure for years. Rail remains an important part of freight transport despite the fact that cars are the most preferred mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield trains, pipes and car parts.

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

Although railroad companies were aware of the dangers of asbestos by 1935 but they continued to employ asbestos in their trains until the 1980s and 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases as a result of their exposure to the hazardous mineral.

Asbestos victims typically are required to file FELA claims against the makers of the asbestos-containing equipment they used. They could be held accountable for not warning of the dangers associated with their products, claiming for asbestos related illness as well as for Claiming For asbestos Related illness producing asbestos-containing material that was found to be harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died of mesothelioma. The company owned the brake manufacturing plant where the deceased's uncle worked. The family alleges that the deceased's uncle often brought his work clothes home, and when they were wearing these clothes his children would play with the deceased and roughhouse him as wearing his asbestos-covered work clothes. This negligence led to the mesothelioma that killed the family member.

When asbestos-related illnesses like mesothelioma is diagnosed, workers lose the time they would have enjoyed retirement and the final years. These cases hold accountable companies that flagrantly disregarded the safety and health of railroad workers to increase their profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a clearly-defined injury must be shown in order to establish a FELA case, countless railroad workers who have not developed an asbestos-related illness may not be able to make claims. This is an obvious violation of the underlying principle of tort law, which is to compensate people who suffer because of others' actions.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers can deal with claims under various statutes and laws to help injured workers receive the compensation they deserve.

Asbestos was utilized in a variety of railway components, including locomotive engines, brakes and steam boilers. Asbestos dust was created through cutting and machining of these components, and workers could breathe in. The asbestos dust can be inhaled, which can cause lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers and the producers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also offer priority to cases that are filed by living victims.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welding worker for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing equipment she used to work on. The family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos claims lawyer-containing equipment that she worked on filed a motion for summary judgement and argued that her state law asbestosis claim amounts was not viable since it did not state that the manufacturer knew the risks of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the loved ones of those people get the compensation they deserve. His extensive experience in FELA cases which include asbestos claims lawyers - has helped him to secure millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those who are accountable for their illnesses, injuries, and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction of railroads, particularly in diesel- and steam-powered trains. However, it proved to be extremely deadly for the railway workers who were exposed to the toxic substance. The material is tough and can endure extreme heat, but these characteristics makes it dangerous for people who work with them.

It could take a long time for mesothelioma-related symptoms and lung cancer to appear because of the toxins in asbestos. These conditions can be very expensive for the victims and their families as they need medical treatment and must deal with their physical and emotional discomfort. Fortunately, victims of asbestos-related diseases can receive compensation from various sources.

The most popular method for railroad workers injured in an accident to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These claims can be brought in federal court, or state courts located near the railroad company. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.

In contrast to other types of workplace injuries railroad workers do not have access to the typical workers compensation system in the majority of states. These workers can sue their employers for compensation under FELA protections.

This kind of claim is a civil action in which the person who has suffered injury must prove that their employer's negligence caused mesothelioma or another injury. However the recent case that was that was brought before the Supreme Court highlights a roadblock that railroad workers face when they try to hold their employers accountable for exposure to asbestos.

In this case, the family of a deceased railway employee filed an asbestos claim payouts suit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from moving forward since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific circumstances with an experienced lawyer so that they can better ensure that their legal rights are protected.