Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing products due to its robust and heat-resistant material. The same characteristics also made asbestos toxic and deadly for those who came in contact with it.

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

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, with the exception that it is filed against an employer rather than an individual defendant like in the case of a criminal.

The FELA is an act of the federal government that was enacted in the year 1908 to protect railroad workers who were injured on the job. FELA is different than the state's worker's compensation laws, because it protects employees who are injured on the job due to their employers ' negligence. Additionally, railroad employees are able to file claims for specific illnesses such as mesothelioma.

Several railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations such as Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers can sue these companies, as well as the producers of asbestos-containing items such as locomotive parts or boilers.

Certain 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 allows families to seek compensation from multiple sources to help pay medical bills, lost wages, and other expenses.

When submitting an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can you claim for asbestosis after death assist you in getting the most compensation for your injury. Ken Danzinger, a shareholder at the firm represented the family of a man who worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a laborer who often brought home asbestos dust on his clothing and in his hair. Then, he developed mesothelioma in 2012. Ken was able to speed up the case and his family received an important mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential in a FELA case. Defendant railroads often try to reduce the amount paid to the victim by arguing that they cannot prove that their illness is directly related to the exposure they endured at work. This is why it is important to seek legal advice from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for a long time. Rail remains an important part of freight transportation, even though cars are now the most preferred mode of transport for passengers. Asbestos has been used in the railroad industry for a how long does an asbestos claim take time to protect engine parts, pipes and other components of automobiles.

Rail workers are frequently exposed to asbestos through their work with equipment that they maintain and repair. Workers also brought asbestos dust home on their clothing, exposing their spouses and children 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 through the 1980s and 90s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases as a result of years of occupational exposure to the hazardous mineral.

Asbestos victims frequently have to file FELA claims against the makers of the asbestos-containing equipment that they used. They can be held liable for failing to warn consumers about 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 died of mesothelioma asbestos claims 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 would often bring his asbestos-covered work attire home and his children would roughhouse him when he was wearing these clothes. This lapse of care led to the mesothelioma cancer that caused the death of the family member.

When workers are diagnosed with asbestos-related diseases like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold accountable companies that flagrantly disregarded the safety and health of railroad workers to increase their profits.

Asbestos suits against railroad companies resulted in compensations for families and workers who were injured. However, since a proof of a manifest injury is required for bringing an FELA claim, many seemingly healthy railroad workers who don't get sick due to asbestos may be unable to file an claim. This is clearly in violation of the underlying principle of tort law, which is to compensate those who suffer because of others' actions.

State Law Claims

While federal law lays the foundation for most asbestos claims management lawsuits, some railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers are able to handle claims under a variety of statutes and laws to ensure injured workers receive the compensation they deserve.

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

If railroad workers suffer from mesothelioma, or any other asbestos-related illnesses, they can bring a state-law suit against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts often offer priority to and swiftly advance cases filed by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder at PATCO Railroad. She sued the companies who made asbestos-containing products that she worked with. Unfortunately, her family was unable to prevail since the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that produced asbestos-containing products for which she worked filed an application for a summary judgment. They asserted that her state law claim was not valid because it did not state the manufacturer knew of the dangers that come with using asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their loved ones of those people get the compensation they deserve. His vast experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers injured and their families recover damages from those responsible for their injuries and illnesses, including mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction of railroads, particularly in diesel- and steam-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is very durable and can withstand huge amounts of heat. However these qualities are the reason it is dangerous for Asbestos Claims Management workers who work with it.

Because of the toxins in asbestos exposure claims, it can take years for the symptoms such as mesothelioma or cancer to develop. These diseases can be extremely costly for victims and their families, as they require medical treatment and must deal with their physical and emotional pain. Asbestos-related diseases can be compensated by a variety of sources.

The most common way for railroad workers injured to get financial compensation is through an action filed with a mesothelioma law firm. The claims can be filed in federal courts, or state courts located near the railroad company. Injury victims must prove that their employer was negligent and they are entitled to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in many states. These workers can sue their employers under FELA protections.

This is a civil lawsuit where the injured person must demonstrate 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 wish to hold their employers accountable for exposing them to asbestos.

In this case, the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based on FELA which overrides state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk with an attorney about their specific circumstances so that they can ensure that their legal rights are secured.