The Reason Everyone Is Talking About Railroad Asbestos Claims This Moment

Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often because it was a tough and heat-resistant product. The same characteristics also made asbestos poisonous and deadly to anyone who came into contact with it.

Rail employees often carried asbestos dust particles home on their clothes or in their hair. This could expose their families to danger as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a hazard that can cause a variety of health issues, including cancer. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injuries lawsuit, but it is filed against an employer, not an individual defendant like in criminal cases.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA is different from state's worker's compensation laws, because it protects employees who suffer injuries at work due to the negligence of their employers. Additionally, railroad employees are able to file claims for specific 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 may sue these companies, as well as the producers of asbestos-containing items like locomotive parts or boilers.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma sufferers are able to file state-law claims, as well as FELA claims. This permits families to seek compensation from a variety of sources to pay for medical bills, lost wages and other costs.

If you are filing the FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's lawyers possess a wealth mesothelioma expertise and can assist you in getting maximum compensation for your injury. Ken Danzinger, a shareholder at the firm, represented an individual whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with 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 a settlement when dealing with an FELA claim. The railroads that are defending themselves often try to reduce the money that is paid to a victim, by claiming they are unable to prove that the illness was directly caused due to their exposure at work. It is crucial to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have been suffering from asbestos-related illnesses for a long time. Rail is still a vital component of freight transport, even though cars are the most preferred mode of transport for passengers. Asbestos was used throughout the railroad industry to shield trains, pipes and car parts.

Rail workers are often exposed to asbestos through their work with the equipment they maintain and repair. Workers also brought asbestos dust home on their clothes, exposing their children and spouses to the toxic mineral, too.

Although railroad companies were aware of asbestos' dangers by 1935 but they continued to employ asbestos in their trains until the 1980s and 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses as a result years of exposure to asbestos.

Asbestos victims often have to file FELA claims against the makers of the asbestos-containing equipment that they used. They can be held accountable for their failure to warn consumers about the dangers of their products and for producing asbestos-containing products that were known to be dangerous.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died from mesothelioma. The company was the owner of the brake manufacturing plant in which the deceased's uncle was employed. The family claims that the deceased's Uncle often brought his asbestos-covered work clothing at home, and his children would beat him when the clothes were on. This negligence led to mesothelioma which caused the death of the family member.

When asbestos-related illnesses like mesothelioma are discovered, workers lose the time they would have had to enjoy retirement and the final chapters in life. These cases make companies accountable who have flagrantly disregarding the health and safety demands of railroad workers in order to maximize their profits.

Asbestos suits against railroad companies led to compensations for families and workers who were injured. Since a clear injury must be shown to be able to bring the possibility of a FELA case, thousands of railroad workers who never suffered from an asbestos-related illness might not be able to file claims. This is clearly in violation of the basic principle of tort law, which is to provide compensation for those who suffer because of others' actions.

State Law Claims

While federal law is the foundation for many asbestos lawsuits, a few railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers are able to handle claims under various statutes and laws in order to help injured workers receive the compensation they deserve.

Asbestos was extensively used in railway components such as steam boilers, locomotive engines and brakes. 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 dust can be ingested and cause lung problems like mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers and the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living mesothelioma patients.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing equipment she worked on. Unfortunately her family was not able to prevail because the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that manufactured the asbestos attorney-containing equipment that she worked on filed a motion for summary judgment, arguing that her state-law claim was not viable since it did not state that the manufacturer was aware of the risks of using asbestos Lawyer in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they deserve. His extensive experience in FELA cases that include asbestos exposure, has helped him achieve 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 injuries, illnesses and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the design and construction of railroads. It was also deadly for many railway workers exposed to the toxic substance. The material is extremely tough and can withstand huge amounts of heat. However these qualities are what make it dangerous to those who work with it.

It can take years for mesothelioma symptoms and lung cancer to appear because of the toxins in asbestos. These diseases can be extremely costly for victims and families, as they require medical attention and have to deal with their physical and emotional pain. Asbestos-related ailments can be paid by a variety sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can be awarded financial compensation. The claims can be filed in federal court or state courts close to the railroad's company. Injury victims must prove that their employer was negligent and they have the right to financial compensation.

Unlike most other workplace injuries railroad workers do not have access to the typical workers compensation system in a majority of states. Rather, these workers are legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the injured person must prove that negligence by their employer caused mesothelioma or other injury. A recent case brought 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 decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak with an attorney about their specific circumstances so that they can be sure that all of their legal rights are protected.