Railroad Asbestos Claims

Rail workers worked with asbestos-containing materials often because it was a durable and heat-resistant product. However, the same characteristics made asbestos poisonous and deadly for anyone who came into contact with it.

Rail employees often carried Asbestos Claim Legal Mesothelioma dust particles home on their clothing or in their hair. This could put their families at risk.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately, railroad employees are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, asbestos claim Legal mesothelioma however, it is filed against the employer instead of a defendant like 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 workers who are injured on the job due to the negligence of their employers. Additionally, railroad employees are able to file claims for certain diseases like mesothelioma.

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

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from a variety of sources to help pay medical bills, lost wages, and other expenses.

When filing the FELA claim, it is important to choose an experienced attorney. Simmons Hanly Conroy's attorneys have an extensive knowledge of mesothelioma and can help you get maximum compensation for your injury. 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 a laborer who regularly brought asbestos dust home on his clothing and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to expedite the case, and the family received an extensive mesothelioma settlement.

It is crucial to know the time limit and your rights to an agreement when you are dealing with the FELA claim. Defendant railroads often try to reduce the amount paid to victims by claiming that they cannot prove that their illness is directly related to their work-related exposure. This is why it is important to seek legal advice from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for decades. Rail is still a vital component of freight transport despite the fact that automobiles are now the most preferred mode of travel for passengers. Asbestos was employed throughout the railroad industry to insulate trains, pipes and car parts.

In many instances, railroad workers were exposed to asbestos through working contact with the equipment they were servicing or fixing. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the harmful mineral, too.

Railroad companies were aware of the dangers associated with asbestos related compensation claims in 1935, but they continued to use the substance on their trains into the 1980s and 90s. Sadly, many of these workers have developed life-threatening illnesses as a result of their exposure to the hazardous mineral.

Asbestos victims typically have to file FELA claims against the makers of the asbestos-containing equipment they worked on. These manufacturers may be held responsible for not warning of the dangers associated with their products, or for producing asbestos-containing material that was found to be dangerous.

For example, the family of the BNSF railroad worker who passed away from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant where the deceased's nephew worked. The family alleges that the deceased's uncle frequently brought work clothes at home, and that when they were wearing these clothes, his children would play with him and roughhouse him when wearing asbestos-covered work clothes. This lapse of care 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 been able to enjoy retirement and the final years of life. These cases bring to justice businesses that blatantly ignored the health and safety of their employees in order to increase their profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Because a manifest injury has to be proved to be able to bring an FELA case, many railroad workers who never been diagnosed with an asbestos-related disease may not be able make claims. This is a clear infringement of the tort law principle that pays those who suffer due to the actions of others.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos lawyers can deal with claims under different statutes and laws to help injured workers receive the compensation they need.

Asbestos was employed in various railway components, including locomotive engines, brakes and steam boilers. Many of these components required machining or cutting which resulted in the formation of airborne asbestos dust that could be breathed in by workers. This asbestos dust can be ingested and cause lung issues such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related diseases, they may file a state-law claim against their employers and manufacturers of the products that exposed them to asbestos va claim. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly forward 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 that made the asbestos-containing equipment she worked on. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.

The company that produced the asbestos-containing products for which she worked filed an application for a summary judgment. They claimed that her state law claim was not valid because it did not state that the manufacturer was aware of the risks associated with asbestos being used 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 asbestos exposure claim cases - has helped him to obtain millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those accountable for their illnesses, injuries, and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the design and construction of railroads. Unfortunately, it also proved to be extremely dangerous for railway workers who were exposed to the poisonous substance. The material is tough and is able to be able to withstand extreme heat, however these characteristics makes it dangerous for people who work with them.

Due to the toxins found in asbestos, it could take decades for symptoms like mesothelioma and lung cancer to develop. These conditions can be extremely expensive for families and victims who require medical treatment and to endure physical pain and emotional suffering. Fortunately, asbestos claim-related diseases can receive compensation from various sources.

A mesothelioma lawyer is the most common method by which railroad workers injured can be awarded financial compensation. The claims can be filed in federal courts or state courts close to the railroad's company. Injury victims must prove that their employer was negligent and that they are entitled to financial compensation.

Railroad workers are not covered under the standard workers compensation system in a lot of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This kind of claim is a civil suit where the injured person must prove that their employer's negligence led to their mesothelioma or other injury. However the recent case that was filed before the Supreme Court highlights a roadblock facing some railroad workers who try to hold their employers accountable for exposure to asbestos poisoning claim.

In this case, the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important for railroad workers injured to discuss their specific circumstances with an experienced lawyer so that they can better ensure that all legal rights are secured.