Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often because it was a durable and heat-resistant product. However, these same qualities made asbestos poisonous and deadly for anyone who came into contact with it.

Rail employees often carried asbestos dust particles to their homes on their clothes or in their hair. This could put their families in danger as well.

Federal Employers Liability Act

Asbestos is a hazard that railroad workers are exposed. Asbestos is a dangerous material that can cause many illnesses such as cancer. Fortunately, railroad workers can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, except that it is filed against an employer, not an individual defendant like in a criminal case.

The FELA is an act of the federal government that was adopted in 1908 to protect railroad workers who are 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 against certain illnesses, Railroad Asbestos Claims such as mesothelioma.

Several railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations like Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers may sue these companies as well as manufacturers of asbestos-containing products like locomotive parts and boilers.

Certain states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma victims can file state law claims as well as FELA claims. This permits families to seek compensation from various sources to pay medical bills, lost wages and other costs.

If you are filing the FELA asbestosis claim amounts it is crucial to hire an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can help you obtain maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was an employee who carried asbestos dust home on his clothing and hair. In 2012, Railroad Asbestos Claims he was diagnosed with mesothelioma. Ken was able expedite the case, and the family was awarded a significant mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is essential when dealing with the FELA case. The railroads who defend themselves frequently try to cut down on the money that is paid to a victim, by claiming they are unable to prove that the illness was directly caused by their negligence on the job. This is why it is so important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for a long time. Rail is still a vital component of freight transportation despite the fact that cars are now the most popular mode of travel for passengers. asbestos exposure claim was utilized throughout the railroad industry to shield trains, pipes and car parts.

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

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to employ the material on their trains into the 1980s and 90s. Unfortunately, a lot of these workers are now suffering from life-threatening illnesses as a result of years of occupational exposure to asbestos, a dangerous mineral.

Asbestos victims typically file FELA claims with the makers of asbestos-containing equipment on which they worked. They could be held responsible for failing to warn about the dangers that could be posed by their products, or for producing asbestos-containing materials that was recognized as harmful.

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

When asbestos-related diseases like mesothelioma is diagnosed workers are deprived of the time they had to enjoy retirement and their final years. These cases are a way to hold accountable corporations that have blatantly disregard for the safety and health of dedicated railroad employees to maximize their own profits.

Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Since a clear injury has to be proved to bring an FELA case, many railroad workers who have never suffered from an asbestos-related illness might not be able to file a claim. This is a clear violation of the fundamental principle of tort law, which is to compensate those who suffer because of others' actions.

State Law Claims

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

Asbestos was used extensively in railway components such as locomotive engines, steam boilers and brakes. Many of these components required machining or cutting which resulted in the formation of airborne asbestos dust which could be inhaled by workers. This asbestos dust can also be ingested, causing lung issues like mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related diseases, they may file a state-law asbestosis claim amounts against their employers as well as the makers of the products which exposed them to asbestos. These claims are brought before state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts often give priority to and speedily advance cases filed by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She sued the companies who manufactured asbestos-containing products that she worked with. The family was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing products on which she worked, filed a motion for a summary judgment. They claimed that her state law claim was invalid because it did not allege the manufacturer knew of the dangers that come with the use of 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 vast experience in FELA cases which include asbestos exposure, has allowed him to secure millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families recover damages from those accountable for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, specifically in diesel- and steam-powered trains. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is extremely durable and capable of withstanding immense quantities of heat. However these properties are what make it hazardous for workers who work with it.

It could take years for mesothelioma symptoms and lung cancer to show up because of the toxins in asbestos. These illnesses can be extremely costly for victims and their families since they require medical care and are faced with physical and emotional discomfort. Fortunately, asbestos-related diseases are eligible for compensation through various sources.

The most common method for railroad workers injured to receive financial compensation is through the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal courts or state courts in which a railroad company is located. A victim of injury must demonstrate that the negligence of their employer caused their injury and they are owed financial compensation.

Railroad workers aren't covered by the standard worker compensation system in a number of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This is a civil action where the victim has to prove that the negligence of their employer caused their mesothelioma or another injuries. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers accountable for exposing them asbestos.

In this particular instance, the family member of a deceased railway worker has 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 overrules state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific circumstances with an experienced attorney to better ensure all legal rights are secured.