Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing products a lot because it was a tough and heat-resistant material. But, these same qualities made asbestos poisonous and deadly for those who came in contact with it.

In many cases, rail workers often carry deadly asbestos dust fibers home on their clothes and in their hair. This could put their families in danger as well.

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed to. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers 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 however, it is filed against the employer, not the defendant in a criminal case.

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

Over the years, a number of railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroads who have been involved in asbestos litigation over the years. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing items like locomotive parts, boilers and railcar siding.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma patients are able to file state law claims, as well as FELA claims. This permits families to seek compensation from various 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's lawyers possess a wealth mesothelioma expertise and can help you get the most compensation for your injury. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 how to claim for asbestos exposure 1959 as a scrapper of steam engines. He was a laborer who regularly brought home asbestos dust on his clothing and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able expedite the case and the family received a significant mesothelioma compensation.

It is essential to understand asbestos legal claims the time limit and your rights to settlement when settling a FELA claim. Railroads who are defendants frequently try to reduce the amount of money paid to the victim by claiming that they cannot prove that their illness is directly linked to their work-related exposure. It is important to seek the legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for a long time. While cars are now surpassing trains for most passengers, the rail network remains a vital part of freight transportation. Asbestos was used in the railroad industry for a long time to insulate engine parts pipes and automobile components.

Rail workers are frequently exposed to asbestos because of their working with equipment they maintain and repair. Workers also brought asbestos dust home on their clothes, exposing their children and spouses to the harmful mineral, too.

Railroad companies were aware of asbestos's dangers in 1935, but continued to use the material on their trains through the 1980s and 90s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of occupational exposure.

Asbestos victims typically are required to file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held accountable for not advising about the dangers that could be posed by their products, or for producing asbestos-containing materials that was recognized as harmful.

For instance the family of a BNSF railroad worker who died of mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the uncle who died worked. The family alleges that the deceased's uncle regularly brought his work clothes home, and when the clothes were on, his children would play with him and roughhouse him while wearing his asbestos-covered work clothes. This negligence caused the mesothelioma which killed the family member.

When workers are diagnosed with asbestos-related ailments such as mesothelioma, they're robbed 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 for having flagrantly disregarding the health and safety demands of railroad workers to maximize their profits.

Asbestos lawsuits against railroad companies have resulted in compensation for injured workers and their families. Unfortunately, because a showing of injury that is manifest is required to bring a FELA claim, many seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to make such an claim. This is a clear breach to the tort law principle that compensates those who suffer due to others' actions.

State Law Claims

While federal law provides the foundation for many Asbestos Legal Claims lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers are able to deal with claims under a range of laws and statutes to ensure that injured workers and their families receive the justice they deserve.

Asbestos was used in a variety of railway components like 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, which can cause lung problems such as mesothelioma.

If railroad workers contract mesothelioma, or any other asbestos-related diseases, they may bring a state-law suit against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed before state courts, where judges and juries have extensive experience in determining compensation for mesothelioma patients. State courts also offer priority to cases that are filed by living mesothelioma patients.

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 made asbestos-containing products that she worked on. However, her family was unable to prevail since 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 claimed that her state law claim was invalid because it did not allege that the company was aware of the risks associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those people get the compensation they deserve. His vast experience in FELA cases, including those involving asbestos exposure, has allowed him to secure millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers injured and their loved ones recover damages from those responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, especially in steam- and diesel-powered trains. Unfortunately, it also proved to be very deadly for the railway workers who were exposed to the toxic material. The material is very durable and can withstand huge amounts of heat; however these properties are what is the statute of limitations on asbestos claims make it hazardous for people who work with it.

It can take years for mesothelioma-related symptoms and lung cancer to appear due to the toxins found in asbestos. These conditions can be very costly for victims and their families since they require medical care and have to deal with their physical and emotional discomfort. furthering asbestos claim transparency-related ailments can be paid by a variety sources.

The most common way for railroad workers injured to get financial compensation is through a lawsuit filed by a mesothelioma lawyer firm. These claims can be brought in federal courts or state courts close to the railroad's company. A victim of injury must be able to demonstrate that the negligence of their employer led to their injury and they are owed financial compensation.

Railroad workers are not covered by the standard workers compensation system in a lot of states. They can sue their employers under FELA protections.

This kind of claim is a civil suit where the injured person must prove that their employer's negligence caused mesothelioma or other ailment. However an upcoming case brought to the Supreme Court highlights a roadblock that railroad workers face when they are trying to hold their employers accountable for the exposure they have to asbestos.

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