Railroad Asbestos Claims Tips That Will Transform Your Life

Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing materials because it was a highly robust and heat-resistant material. The same properties also made asbestos poisonous and deadly to those who came into contact with it.

In many cases, rail workers would take asbestos dust that is deadly with them on their clothing and hair. This could put their families in danger as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. asbestos attorneys can cause cancer as well as other health issues. Fortunately, railroad workers are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but it is filed against the employer rather than a defendant like criminal cases.

The FELA is an act of the federal government that was adopted in 1908 to protect railroad workers who were injured on the job. FELA differs from state worker's compensation laws in that it covers employees injured on the job due to their employer's negligence. It also allows railroad employees to file claims when they suffer from certain diseases such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos lawyers litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as local state and municipal railroads. Railroad workers could sue these companies, as well as the manufacturers of asbestos attorneys-containing goods such as locomotive parts or boilers.

In addition to the federal law, some states have their own worker's compensation programs. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from multiple sources to pay medical bills, lost wages, and other costs.

It is crucial to find an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's attorneys have a wealth mesothelioma expertise and can assist you in obtaining the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothing and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case, and the family received an important mesothelioma payout.

Understanding the statute of limitations and your rights in a settlement are crucial in an FELA case. Railroads that are defending themselves often attempt to limit the amount of money paid out to a victim by arguing that they cannot prove that the illness is directly connected to the exposure they endured at work. This is why it is so important to seek legal advice from an experienced railroad attorney.

Asbestos Manufacturers

For decades railroad workers have suffered from the effects of asbestos exposure. Although cars have now surpassed trains for the majority of passengers, the rail network remains a vital part of freight transportation. Asbestos has been utilized in the railroad industry for a long time to insulate engine parts pipes and other components of automobiles.

Rail workers are frequently exposed to asbestos through their working with equipment they repair and service. Workers also brought home asbestos dust on their clothing, exposing their spouses and children to the toxic mineral, too.

Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to employ the material on their trains into the 1980s and 90s. Sadly, many of these workers have now developed life-threatening illnesses as a result of years of occupational exposure to the dangerous mineral.

Asbestos victims frequently file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held liable 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 instance the family of a BNSF railroad worker who died of 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 claims that the deceased's uncle would often bring his asbestos-covered work clothes to his home and that his children would roughhouse the man when he was wearing these clothes. This lapse of judgment led to mesothelioma cancer that killed the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers are deprived of the time they enjoyed retirement and their final years. These cases bring to justice corporations that have blatantly disregard for the health and safety of railroad workers to maximize their own profits.

Asbestos suits against railroads led to compensations for injured workers and families. Since a demonstration of a manifest injury is required for bringing a FELA claim, many healthy railroad workers who don't develop an asbestos-related disease might be unable to make such an claim. This is a clear infringement to the tort law principle that pays those who suffer due to others' actions.

State Law Claims

While federal law is the foundation for most asbestos lawsuits, certain railroad workers are covered by state law that could provide additional legal 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 a variety of railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was produced by cutting and machining many of these components, and workers could inhale. This asbestos dust can also be ingested, causing lung diseases like mesothelioma.

If railroad workers suffer from mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers and the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed before state courts, where judges and juries possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly move cases brought by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She sued the companies who manufactured asbestos attorney-containing products she worked on. However, her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that manufactured the asbestos-containing equipment she worked on filed an application for summary judgment in support of her state-law claim was unconvincing since it did not state that the manufacturer knew the risks of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they are entitled to. His vast experience in FELA cases which include asbestos exposure, has helped him secure millions of dollars in settlements and verdicts 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 in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railroads. It was also deadly for the railway workers who were exposed the toxic substance. The material is strong and can endure extreme heat, but these properties make it dangerous for those who work with them.

Because of the toxins in asbestos, it may take decades for symptoms such as mesothelioma or cancer to develop. These diseases can be extremely expensive for families and victims who require medical attention and have to bear the physical and emotional pain. Asbestos-related diseases can be compensated by a variety of sources.

The most popular method for railroad workers injured to receive financial compensation is through an action filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal court or state courts where a railroad company is located. An injured victim must demonstrate that the negligence of their employer caused their injury and they are owed financial compensation.

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

This is a civil claim where the victim has to prove that their employer's negligence caused mesothelioma or any other injury. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them to asbestos.

In this case, the family of a deceased railway employee filed an asbestos lawsuit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from progressing since the claim is based on FELA which overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who are injured speak to an attorney about their specific circumstances so that they can be sure that all of their legal rights are secured.