Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot because it was a durable and heat-resistant material. However, the same characteristics made asbestos toxic and deadly for those who came into contact with it.

In many cases, rail workers would carry asbestos dust that is deadly on their clothes and hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed how to file an asbestos claim Asbestos claims management corp. Asbestos is a dangerous material which can cause health problems, including cancer. Fortunately railroad workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, with the exception that it is filed against an employer, not a defendant as in criminal cases.

The FELA is a federal law adopted in 1908 to protect railroad workers who are injured on the job. FELA is different from state's worker's compensation laws as it covers employees who suffer injuries on the job because of their employers negligence. It also allows railroad employees to file claims against certain diseases like mesothelioma.

Several railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies that have been involved in asbestos litigation over the years. Railroad workers may sue these companies and manufacturers of asbestos insurance claim-containing goods such as locomotive parts or boilers.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos sufferers are able to file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from a variety of sources to help pay for medical bills, lost income and other expenses.

When submitting an FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy's lawyers possess vast knowledge in mesothelioma and can assist you in getting the most compensation for your injury. Ken Danzinger, shareholder at the firm represented the family of a man who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case and his family received a significant mesothelioma settlement.

It is essential to understand the statute of limitations and your rights to settlement when settling an FELA claim. The railroads that are defending themselves often try to reduce the amount of money paid to the victim, claiming they cannot prove the illness was directly caused by their negligence at work. It is essential to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have been suffering from asbestos exposure for years. While cars are now surpassing trains for the majority of passengers, the rail network remains an essential component of freight transportation. Asbestos was employed throughout the railroad industry to insulate train engines, pipes and Asbestos Claims Management Corp car components.

In many cases railroad workers were exposed to asbestos through work-related contact with equipment they were servicing or repair. Workers also brought home asbestos dust on their clothes, which exposed their spouses and children to the harmful mineral as well.

While railroad companies knew of asbestos' dangers by 1935 however, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, many of these workers are now suffering from life-threatening illnesses because of years of exposure to asbestos compensation claims.

Asbestos victims frequently file FELA claims against the manufacturers of the asbestos-containing equipment they worked on. The manufacturers could be held accountable for failing to warn of the dangers of their products, and for producing asbestos-containing products that were found to be dangerous.

For example the family of an BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant in which the nephew who died worked. The family alleges the deceased's uncle often brought his asbestos-covered work clothes to his home and that his children would roughhouse him while he was wearing these clothes. This negligence caused the mesothelioma which caused the death of the family member.

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

asbestos claims lawyer lawsuits against railroads resulted in compensations for injured workers and families. Since a clear injury must be proven to be able to bring the possibility of a FELA case, thousands of railroad workers who have never developed an asbestos-related illness may not be able to make an claim. This is a clear violation to the tort law principle that pays those who suffer as a result of other people's actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, certain railroad workers are covered by state law that may provide additional legal protections. Asbestos attorneys can handle claims under a variety of different laws and statutes to ensure injured workers and their families get the compensation they deserve.

Asbestos was widely used in railway components such as locomotive engines, steam boilers and brakes. asbestos claims law dust was created through cutting and machining of these components, which workers could breathe in. The asbestos dust may also be ingested, causing lung issues like mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related diseases, they may make a claim under the state law against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. State courts also have priority and advance cases filed by living mesothelioma patients.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing products she worked on. The family was not able to win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing products on which she worked filed a motion for a summary judgment. They asserted that her state law claim was invalid because it did not allege the manufacturer knew of the dangers associated with using asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and family members of those who suffer from the same get the compensation they deserve. His extensive experience in FELA cases including asbestos cases - has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is dedicated to helping railroad workers and their families recover damages from those who are responsible for their injuries, illnesses and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railroads. It also caused serious harm to many railway workers exposed to the toxic substance. The material is very durable and can withstand huge quantities of heat. However, these qualities are exactly the reason it is dangerous to those who work with it.

Due to the toxins present in asbestos, it can take decades for signs such as mesothelioma or cancer to develop. These illnesses can be extremely costly for victims and their families since they require medical treatment and must deal with their physical and emotional pain. Fortunately, those suffering from asbestos-related diseases can receive compensation from a variety of sources.

The most popular method for railroad workers injured in an accident to receive financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These claims can be brought in federal court, or state courts located close to the railroad company. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.

Railroad workers aren't covered under the standard workers compensation system in many states. Instead, they are qualified to file an action against their employers under the protections of FELA.

This kind of claim is a civil lawsuit where the injured person must prove that negligence by their employer caused their mesothelioma, or other ailment. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers accountable for exposing them to 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 prevent this lawsuit from progressing because the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their particular circumstances with an experienced lawyer so that they can better ensure that their legal rights are protected.