Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing products due to its durable and heat-resistant material. However, these same qualities made asbestos poisonous and deadly for anyone who came into contact with it.

Most often, railway workers would take asbestos dust that is deadly on their clothes and in their hair. This could expose their families to danger as well.

Federal Employers Liability Act

asbestos claims canada is a dangerous material that railway workers are exposed to. 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 functions similarly to a personal injury lawsuit, but it is filed against an employer, not the defendant in a criminal case.

The FELA was enacted in 1908 and is the federal law that safeguards 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 against certain illnesses, such as mesothelioma.

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

Certain states have their own programs for workers' compensation in addition to federal law. Asbestos victims are eligible to claim for asbestos exposure mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from various sources to pay for medical expenses, lost income and other expenses.

It is crucial to find an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have a wealth mesothelioma expertise and can assist you in getting the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was an employee who brought asbestos claims government dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case and the family received a significant mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is essential in an FELA case. Defendant railroads often try to limit the amount they pay out to a victim by claiming that they can't prove that the illness is directly connected to their exposure at work. It is essential to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have suffered from asbestos-related illnesses for a long time. Rail remains an important part of freight transportation despite the fact that automobiles are now the most preferred mode of transport for passengers. Asbestos was used in the railroad industry for a long time to insulate engine parts, pipes and other components of automobiles.

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

While railroad companies were aware of the dangers of asbestos by 1935 however, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses due to years of occupational exposure.

Asbestos victims often have to file FELA claims against manufacturers of the asbestos-containing equipment they used. They could be held accountable for not advising about the dangers that could be posed by their products, as well as for producing asbestos-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company owned the plant that made brakes where the deceased's uncle was employed. The family claims that the deceased's uncle frequently brought work clothes at home, and that when the clothes were on his children would play with him and roughhouse him when wearing asbestos-covered work clothes. This negligence led to the mesothelioma cancer that killed the family member.

When asbestos-related diseases like mesothelioma is diagnosed workers are deprived of the time they would have had to enjoy retirement and their final years. These cases are a way to hold companies accountable for having flagrantly ignored the health and safety demands of railroad workers in order 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 in order to establish the possibility of a FELA case, countless railroad workers who have not suffered from an asbestos-related illness might not be able to make claims. This is a clear infringement of the tort law principle of compensation for the victims of the actions of others.

State Law Claims

While federal law provides the foundation for many asbestos lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers can deal with claims under a range of laws and statutes to ensure that injured workers and their families get the amount of compensation they are entitled to.

Asbestos was extensively used in railway components like locomotive engines, steam boilers and brakes. Asbestos dust was generated by cutting and machining many of these parts, which workers could breathe in. This asbestos dust can be ingested and cause lung diseases such as mesothelioma.

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

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding for PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products that she worked with. Her family was unable prevail since the Supreme Court ruled 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 not valid since it did not claim the manufacturer knew of the risks associated with using asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families receive the compensation they deserve. His extensive experience in FELA cases, including those involving 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 mesothelioma their families collect damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction and design of railroads. It also posed a threat to the railway workers who were exposed the toxic substance. The material is extremely tough and can withstand huge quantities of heat. However these properties are what make it dangerous to those who work with it.

It can take years for mesothelioma-related symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These diseases can be extremely expensive for families and victims because they require medical treatment and to endure physical pain and emotional trauma. Asbestos-related ailments can be paid by a variety of sources.

A mesothelioma lawyer is the most popular way that injured railroad workers can be awarded financial compensation. These claims can be brought in federal courts or state courts close to the railroad's company. An injured victim must be able to demonstrate that the negligence of their employer caused their injury and they are owed financial compensation.

Unlike most 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 legally able to bring a lawsuit against their employers under the protections of FELA.

This is a civil claim where the victim must prove that their employer's negligence caused mesothelioma or another injury. A recent case brought before the Supreme Court highlights an obstacle for Mesothelioma railroad workers who want to hold their employers responsible for exposing them to asbestos.

In this particular instance, a family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing since the claim is based on FELA, which trumps state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their specific situation with an experienced attorney to better ensure that their legal rights are protected.