Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing products a lot because it was a durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came in contact with it.

Rail employees often carried asbestos dust particles home on their clothing or in their hair. This could put their families in danger.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer as well as other health problems. Fortunately, railroad employees are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, with the exception that it is filed against an employer, not the defendant in criminal cases.

The FELA is an act of the federal government that was adopted in 1908 to protect railroad workers who were injured on the job. FELA differs from state workers' compensation laws in that it covers employees who are injured at work because of their employer's negligence. It also allows railroad workers to file claims if they develop certain illnesses such as mesothelioma.

A number of railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations such as Amtrak and Transtar and local state and municipal railroads. Railroad workers could sue these companies, as well as the producers of asbestos-containing items like locomotive parts and boilers.

Certain 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 permits families to seek compensation from a variety of sources to pay medical expenses, lost wages and other expenses.

When submitting an FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma experience who can assist you in obtaining the 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 until 1959 as a steam-engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothing and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able expedite the case and his family received an important mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential in the FELA case. Railroads that are defending themselves often attempt to reduce the amount they pay out to a victim by claiming that they cannot prove that the illness is directly connected to their exposure at work. It is important to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have been suffering from asbestos-related illnesses for a long time. Although cars now outnumber trains for most passenger travel, the rail network remains an essential element of freight transportation. Asbestos has been utilized in the railroad industry for a long time to insulate engine parts pipes and automobile components.

In many cases, railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or repairing. Workers brought asbestos dust home on their clothing, which exposed their families to the harmful mineral.

Although railroad companies were aware of asbestos' dangers as of 1935 however, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result years of exposure to asbestos in the workplace.

Asbestos victims often file FELA claims against the manufacturers of the asbestos-containing equipment that they used. They could be held liable for not warning of the dangers associated with their products, or for producing asbestos-containing material that was recognized as harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake plant at which the nephew who died worked. The family claims that the deceased's uncle would often bring his asbestos-covered work clothing at home, and his children would roughhouse him when he was wearing these clothes. This lapse of judgment led to mesothelioma which killed the family member.

When asbestos-related illnesses like mesothelioma is diagnosed, workers lose the time they had to enjoy retirement and their final chapters in life. These cases are a way to hold the companies accountable for having blatantly neglected the safety and health requirements of dedicated railroad employees to maximize profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clear injury must be proven to be able to bring a FELA case, countless railroad workers who have never suffered from an asbestos-related illness might not be able make a claim. This is a clear violation of the tort law principle of compensation for the victims of other people's actions.

State Law Claims

While federal law is the foundation for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos lawyers can manage claims under a variety of different statutes and laws to ensure injured workers and their families get the justice they deserve.

Asbestos was extensively used in railway components such as locomotive engines, steam boilers and brakes. Asbestos dust was generated through cutting and 9363280.xyz machining of these parts, which workers could breathe in. The asbestos dust could be ingested and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses and diseases, they could have state-law claims against their employers and the manufacturers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the proper compensation for mesothelioma victims. In addition, state courts frequently give priority to and quickly move cases filed by living plaintiffs.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing products she worked on. Unfortunately, her family was unable to prevail because the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that produced asbestos-containing products for Www.9363280.Xyz which she worked, filed an application for a summary judgment. They claimed that her state law claim was not valid because it did not allege that the company was aware of the risks associated with using asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families receive the compensation they are entitled to. His vast experience in FELA cases which include asbestos - has allowed him to obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers and their families collect damages from those responsible for their injuries, 9363280; www.9363280.xyz, illnesses and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, www.9363280.xyz (www.9363280.xyz) specifically in diesel and steam-powered trains. However, it proved to be very deadly for many railway workers who were exposed to the toxic material. The material is extremely durable and capable of withstanding immense amounts of heat; however these qualities are what make it hazardous for those who work with it.

Due to the toxins found in asbestos, it could take decades for symptoms such as mesothelioma or cancer to manifest. These diseases can be extremely expensive for the victims and their families as they need medical treatment and must deal with their physical and emotional suffering. Fortunately, asbestos-related illnesses are eligible for compensation from various sources.

The most common way for railroad workers injured to get financial compensation is through a lawsuit filed with a mesothelioma law firm. The claims can be filed in federal court or state courts where the railroad company is. The injured party 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 the majority of states. Rather, these workers are legally able to bring an action against their employers under the protections of FELA.

This is a civil claim where the injured person has to demonstrate that the negligence of their employer caused their mesothelioma, or other injury. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them asbestos.

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