Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a durable and heat-resistant product. However, these same qualities made asbestos toxic and deadly for those who came in contact with it.

Most often, railway workers would carry asbestos dust particles that are deadly with them on their clothes and hair. This could put their families at risk.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material that can cause many health problems including cancer. Fortunately railroad workers are entitled to compensation under the Federal Employers' Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, but it is filed against an employer rather than an individual defendant like in a criminal case.

The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers who were injured on the job. FELA differs from state workers' compensation laws in that it covers workers injured on the job due to their employer's negligence. It also allows railroad employees to file claims against certain illnesses such as mesothelioma.

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

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

If you are filing a FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can assist you in obtaining maximum 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 an employee who brought asbestos lawsuit dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able to expedite the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial when dealing with the FELA case. Railroads that defend themselves often attempt to cut the money that is paid to the victim, claiming they are unable to prove that the illness was directly caused due to their exposure at work. It is important to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for a long time. Rail is still an integral part of freight transport despite the fact that cars are the most popular mode of transport for passengers. Asbestos was utilized throughout the railroad industry to shield trains, pipes and car components.

Rail workers are often exposed to asbestos because of their working with equipment they service and repair. Workers also brought home asbestos dust on their clothes, which exposed their children and spouses to the toxic mineral as well.

Although railroad companies were aware of the dangers of asbestos by 1935 however, they continued to use asbestos on their trains through the 1980s and 1990s. Unfortunately, a lot of these workers have developed life-threatening diseases as a result of their exposure to the dangerous mineral.

Asbestos victims typically file FELA claims with the makers of asbestos-containing equipment with which they worked. They can be held liable for failing to warn of the dangers of their products as well as for manufacturing asbestos-containing materials that were known to be harmful.

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

When workers are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold companies accountable who have flagrantly disregarding the health and safety demands of railroad workers to maximize profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. However, since a proof of injury that is manifest is required for bringing an FELA claim, many healthy railroad workers who don't develop an asbestos-related disease might not be able to bring an claim. This is a clear violation of the fundamental principle of tort law: to compensate people who suffer due to the actions of others' actions.

State Law Claims

While federal law is the legal basis for most asbestos lawsuits against railroad workers, state laws may provide additional protections. asbestos lawyers (summers-kilgore-2.Federatedjournals.com) are able to handle claims under various statutes and laws to ensure injured workers receive the compensation they deserve.

Asbestos was used in a variety of railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was produced by cutting and machining many of these components, and workers could breathe in. The asbestos dust may also be inhaled, causing lung diseases like mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related illnesses, they can file a state-law claim against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the proper compensation for mesothelioma victims. State courts also have priority to cases that are filed by living victims.

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 that manufactured the asbestos-containing equipment she worked on. Her family was not able to win because 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 judgment and argued that her state law claim was not viable since it did not state that the company knew about the dangers of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families get the compensation they are entitled to. His extensive experience in FELA cases that include asbestos exposure, has allowed him to obtain millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses, and 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, specifically in diesel- and steam-powered trains. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely durable and is able to withstand massive amounts of heat; however these properties are what make it dangerous for workers who work with it.

Because of the toxins in asbestos lawyer, it can take years for the symptoms such as mesothelioma or cancer to show up. These conditions can be extremely costly for victims and families because they require medical treatment and to bear the physical pain and emotional trauma. Asbestos-related illnesses can be compensated through a variety of sources.

The most common way for railroad workers injured to receive financial compensation is through an action filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal courts or state courts close to the railroad's company. A victim of injury must prove that the negligence of their employer caused their injury and they are owed financial compensation.

Railroad workers aren't covered by the standard worker compensation system in many states. Railroad workers are able to sue their employers under FELA protections.

This kind of claim is a civil suit in which the person who has suffered injury must show that negligence by their employer caused mesothelioma or other injury. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers accountable for exposing them to asbestos attorney.

In this case, the family of a deceased railway worker filed an asbestos suit against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA which overrules state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their particular circumstances with an experienced attorney to better ensure that all legal rights are secured.