Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing materials due to its durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came into contact with it.

Often, Railroad Asbestos Claims rail employees would carry deadly asbestos dust fibers home with them on their clothing and hair. This could put their families at risk.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos can cause cancer as well as other health issues. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim functions similarly to a personal injuries 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 passed in 1908 to protect railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job because of their employer's negligence. Additionally, railroad employees are able to file claims for specific illnesses, such as mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos litigation. These railroad companies include national asbestos workers claims address 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 manufacturers of asbestos disease claims-containing products, such as boilers, locomotive parts, and railcar siding.

Some 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 allows families to seek compensation from a variety of sources to help pay medical bills, lost wages and other expenses.

It is essential to choose an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers possess vast knowledge in mesothelioma and can help you get maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented an individual whose husband Railroad Asbestos Claims worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a laborer who frequently brought asbestos dust home on his clothing and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and the family was awarded an extensive mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is essential when deciding on a FELA case. Defendant railroads often try to limit the amount paid to victims by claiming that they cannot prove that their illness is directly related to the exposure they endured at work. This is why it is so important to seek legal help from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for a how long does an asbestos claim take time. Rail is still a vital component of freight transportation, even though cars are the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to insulate train engines, pipes and car components.

In many cases railroad workers were exposed to asbestos through on-the-job contact with the equipment they were servicing and repairing. Workers also brought asbestos dust home on their clothes, which exposed their spouses and children to the toxic mineral too.

Railroad companies were aware of asbestos's dangers in 1935, but they continued to use the substance on their trains into the 1990s and into the 1980s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases because of years of exposure to asbestos.

Asbestos victims frequently have to file FELA claims with the makers of asbestos-containing equipment for which they worked. The manufacturers could be held accountable for their failure to warn of the dangers of their products, and for producing asbestos-containing products that were known to be harmful.

For instance the family of the BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant at which the deceased's nephew worked. The family alleges that the deceased's uncle regularly brought work clothes at home, and that when the clothes were on, his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. This lapse of judgment led to mesothelioma that caused the death of the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers are deprived of the time they been able to enjoy retirement and the final years of life. These cases hold companies accountable for having flagrantly ignored the health and safety requirements of dedicated railroad employees to maximize their profits.

Asbestos suits against railroads led to compensations for injured workers and families. Since a demonstration of a manifest injury is required for bringing a FELA claim, many seemingly healthy railroad workers who do not develop an asbestos-related disease might be unable to make such a claim. This is an obvious violation of the underlying principle of tort law: to provide compensation for those 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 law could provide additional protections. Asbestos lawyers can handle claims under a variety of laws and statutes to help injured workers and their families receive the justice they deserve.

Asbestos was used in a variety of railway components including locomotive engines, brakes, and steam boilers. Many of these components required machining or cutting which created asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled, causing lung diseases like mesothelioma.

If railroad workers suffer from mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers as well as the manufacturers of the products that exposed them asbestos. These claims are filed before state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma patients. State courts also have priority to cases and advance filing by living mesothelioma victims.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing equipment that she worked on. Unfortunately her family was not able to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.

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

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

Compensation

Asbestos was widely used in the construction of railroads, specifically in diesel- and steam-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat. However these qualities are what is the average settlement for asbestos claim make it hazardous to those who work with it.

Due to the toxins present in asbestos, it may take decades for symptoms like mesothelioma and lung cancer to develop. These conditions can be very expensive for the victims and their families, as they require medical care and must deal with their physical and emotional pain. Fortunately, victims of asbestos-related diseases can receive compensation through various sources.

A mesothelioma lawyer is the most popular way that injured railroad workers can be awarded financial compensation. These claims can be filed in federal courts or state courts in which a railroad company is located. An injury victim must prove that their employer's negligence led to their injury and they are entitled to financial compensation.

Railroad workers aren't covered by the standard workers compensation system in many states. Instead, they are eligible to file a lawsuit against their employers under the protections of FELA.

This is a civil lawsuit where the injured person must demonstrate that the negligence of their employer caused mesothelioma or other injury. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them 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. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. However, it is crucial for injured railroad workers to discuss their specific situation with an experienced attorney to better ensure that their legal rights are secured.