Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing products due to its robust and heat-resistant material. But, these same qualities made asbestos toxic and deadly for those who came in contact with it.

Often, rail employees often carry asbestos dust particles that are deadly with them on their clothes and hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

Asbestos is a hazardous material that railroad workers are exposed. Asbestos is a dangerous material that can cause many health issues such as cancer. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, but it is filed against an employer and not an individual defendant like in the case of a criminal.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it covers workers who are injured on the job due to their employer's negligence. It also allows railroad workers to file claims when they suffer from certain ailments like mesothelioma.

A number of railroad companies have been involved in asbestos litigation over the years. These railroad companies include national 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-containing products such as locomotive parts, boilers and railcar siding.

In addition to the federal law, some states have their own worker's compensation programs. asbestos lawyer sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources to pay for medical bills, lost income, and other expenses.

It is crucial to find an attorney with experience when filing a FELA lawsuit. 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 an individual whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a laborer who often brought asbestos dust home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case and his family was awarded a significant mesothelioma compensation.

Understanding the statute of limitations and your rights in a settlement is essential when dealing with an FELA case. Railroads who are defendants frequently try to limit the amount paid to the victim by arguing that they cannot prove that the illness is directly connected to their exposure at work. It is important to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for decades. Although cars have now surpassed trains for the majority of passengers however, the rail system remains an essential component of freight transportation. Asbestos was used in the railroad industry for many years to insulate engine parts pipes and other components of automobiles.

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

Although railroad companies were aware of the dangers of asbestos by 1935 but they continued to employ asbestos on their trains through the 1980s and the 1990s. Unfortunately, a lot of these workers have developed life-threatening diseases as a result of exposure to the hazardous mineral.

Asbestos victims frequently are required to file FELA claims against the manufacturers of the asbestos-containing equipment they used. The manufacturers could be held accountable for not advising about the dangers that could be posed by their products, or for producing asbestos-containing material that was recognized as harmful.

For example, the family of the BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant in which the deceased's nephew worked. The family alleges that the deceased's uncle often brought work clothes home, and when he wore these clothes his children would play with him and roughhouse him when he was wearing asbestos lawyer-covered work clothing. This lapse of care led to the mesothelioma which caused the death of the family member.

When employees are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to increase their profits.

Asbestos suits against railroad companies resulted in compensations for families of injured workers. Since a clear injury must be shown to bring the possibility of a FELA case, many railroad workers who never been diagnosed with an asbestos-related disease may not be able to file a claim. This is clearly in violation of the basic principle of tort law: to compensate people who suffer due to the actions of others' actions.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers can handle claims under various statutes and laws to ensure injured workers get the compensation they deserve.

Asbestos was used in a variety of railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was created by machining and cutting many of these components, and workers could breathe in. This asbestos dust can also be inhaled, which can cause lung diseases like mesothelioma.

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

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding technician for PATCO Railroad. She sued the companies that manufactured the asbestos-containing equipment that she worked on. However her family was unable to prevail as the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that manufactured the asbestos-containing products on which she worked, filed an application for a summary judgment. They claimed that her state law claim was invalid because it did not state the manufacturer knew of the risks associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

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

Compensation

asbestos lawyers 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 durable and can be able to withstand extreme heat, however these characteristics make it dangerous for the people who work with them.

Due to the toxins present in asbestos, it could take decades for symptoms like mesothelioma and lung cancer to show up. These conditions can be very expensive for the victims and their families since they require medical care and have to deal with their physical and emotional suffering. Asbestos-related ailments can be paid by a variety sources.

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

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

This is a civil lawsuit in which the person who is injured must prove that the negligence of their employer caused their mesothelioma or any other injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them to asbestos.

In this particular case an individual from the family of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from going forward because the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. However, it is crucial for injured railroad workers to discuss their particular circumstances with an experienced attorney to better ensure all legal rights are secured.