Railroad Asbestos Claims Tips From The Top In The Business

Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot due to its durability and heat-resistant product. The same properties also made asbestos lawyer poisonous and deadly to those who came into contact with it.

Rail workers often brought deadly asbestos dust fibres home on their clothes or in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Asbestos is a dangerous material that railway workers are exposed to. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit however, it is filed against the employer, not a defendant like a criminal case.

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 worker's compensation laws in that it covers employees who are injured on the job due to their employer's negligence. Additionally, railroad employees are able to file claims for specific illnesses, such as mesothelioma.

Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroads which have been involved in asbestos litigation throughout the years. Railroad employees are able to sue these companies under FELA as well as producers of asbestos-containing items like boilers, locomotive parts and railcar siding.

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from a variety of sources to pay medical expenses, lost income and other expenses.

It is essential to choose a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can help you get maximum compensation for your injury. Ken Danzinger, 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 an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to expedite the case and the family was awarded an enormous mesothelioma settlement.

It is crucial to know the time limit and your rights to settlement when settling an FELA claim. Railroads who are defendants frequently try to reduce the amount paid out to a victim by claiming that they can't prove that the illness is directly connected to their work-related exposure. It is crucial to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have suffered from asbestos exposure for years. Rail remains an important part of freight transport despite the fact that cars are now the most preferred mode of travel for passengers. Asbestos has been utilized in the railroad industry for many years to insulate engine parts, pipes and automobile components.

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

While railroad companies knew of asbestos' dangers by 1935, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases as a result of their exposure to asbestos, a dangerous mineral.

Asbestos victims often are required to file FELA claims against manufacturers of the asbestos-containing equipment that they used. The manufacturers could be held liable for failing to warn consumers about the dangers of their products, and for producing asbestos-containing products that were found to be dangerous.

For example, the family of the BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant where the deceased's nephew worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothing home and his children would roughhouse him when he was wearing these clothes. This lapse in judgment led to mesothelioma which killed 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 last chapters of their lives. These cases bring to justice businesses that blatantly ignored the health and safety of their employees in order to increase their profits.

Asbestos lawsuits against railroads have led to compensation for injured workers and their families. However, since a proof of a manifest injury is required for bringing an FELA claim, many seemingly healthy railroad workers who never develop an asbestos-related disease might be unable to file claims. This is clearly in violation of the underlying principle of tort law, which is to compensate those who suffer as a result of other' actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, certain railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers are able to deal with claims under a range of different statutes and laws to help injured workers and their families receive the justice they deserve.

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

If railroad workers contract mesothelioma, or other asbestos-related illnesses, they can make a claim under the state law against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the proper compensation for mesothelioma victims. In addition, state courts frequently give priority to and speedily advance cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder at PATCO Railroad. She sued the companies who produced asbestos-containing products that she worked on. The family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that produced the asbestos-containing equipment she worked on filed a motion for summary judgement in support of her state-law claim was not valid because it did not allege that the manufacturer was aware of the dangers 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 including asbestos cases - has allowed him to obtain millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families recover damages from those accountable for their injuries, illnesses and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, especially 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 is able to withstand massive quantities of heat. However, these qualities are exactly what make it hazardous to workers who work with it.

Because of the toxins in asbestos, it may take decades for signs such as mesothelioma or cancer to show up. These conditions can be extremely costly for victims and families because they require medical treatment and have to deal with their physical and emotional pain. Fortunately, victims of asbestos-related illnesses are eligible for compensation from various sources.

A mesothelioma lawyer is the most commonly used way that injured railroad workers can receive financial compensation. These lawsuits can be filed in federal courts, or state courts located close to the railroad company. An injured victim must 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. These workers can sue their employers under FELA protections.

This kind of claim is a civil action in which the person who has suffered injury must prove that the negligence of their employer led to their mesothelioma or other injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them to asbestos.

In this particular case the family member of the deceased railway worker filed an asbestos lawsuit (visit this site) against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent the lawsuit from proceeding since 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 to an attorney regarding their particular circumstances so they can ensure all of their legal rights are protected.