What s Everyone Talking About Railroad Asbestos Claims This Moment

Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing products due to its robust and heat-resistant material. The same properties also made asbestos toxic and deadly to anyone who came into contact with it.

In many cases, rail workers would carry asbestos dust particles that are deadly on their clothes and hair. This could put their families in danger.

Federal Employers Liability Act

Asbestos is a hazardous material that railway workers are exposed to. Asbestos is a dangerous material which can cause health problems including cancer. Thankfully, railroad workers can claim compensation from their employers 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 the defendant in a criminal case.

The FELA was enacted 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 workers who are injured on the job due to the negligence of their employers. It also allows railroad employees to file claims against certain illnesses such as mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos attorney litigation. Amtrak, Transtar and local state and municipal railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers could sue these companies, as well as the producers of asbestos-containing items like locomotive parts or boilers.

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

If you are filing a FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy's attorneys have a wealth mesothelioma expertise and can assist you in obtaining maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was an employee who carried asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case, and the family received a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial in a FELA case. Railroads who are defendants frequently try to limit the amount paid to the victim by arguing that they cannot prove that their illness is directly related to their work-related exposure. It is essential to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have suffered from the effects of asbestos exposure. Although cars now outnumber trains for the majority of passenger travel but the rail network is a vital part of freight transportation. Asbestos was employed throughout the railroad industry to shield train engines, pipes and car components.

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

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

Asbestos victims frequently file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held accountable for their failure to warn about the dangers of their products, and for producing asbestos lawyers-containing materials that were known to be harmful.

For instance the family of a BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company owned the brake plant at which the nephew of the deceased worked. The family alleges that the deceased's uncle frequently brought his work clothing to his home, and if the clothes were on, his children would play with him and roughhouse him while he was wearing his asbestos-covered work clothes. This lapse in judgment led to mesothelioma that caused the death of the family member.

When asbestos-related diseases such as mesothelioma are discovered, workers lose the time they had to enjoy retirement and the final years of life. These cases hold companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad workers in order to maximize profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clearly-defined injury has to be proved to bring the possibility of a FELA case, countless railroad workers who have not been diagnosed with an asbestos-related disease may not be able make claims. This is a clear violation of the underlying principle of tort law, which is to compensate those who suffer because of others' actions.

State Law Claims

While federal law lays the foundation for many asbestos lawsuits (click here), some railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers are able to deal with claims under a range of different laws and statutes to ensure injured workers and their families get the amount of compensation they are entitled to.

Asbestos was used in a variety of railway components including locomotive engines, brakes, and steam boilers. Many of these components required machining or cutting which created asbestos dust that could be breathed in by workers. The asbestos dust can be ingested and cause lung issues such as mesothelioma.

When railroad workers develop mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers and the producers of the products that exposed them to dangerous asbestos. These claims are brought before state courts which are where juries and judges have vast experience in determining the amount of compensation for mesothelioma patients. In addition, state courts frequently give priority to and speedily advance cases filed 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. Her family was unable win because the Supreme Court ruled her state-law claim preempted FELA.

The company that made asbestos-containing products for which she worked, filed an application for a summary judgment. They asserted that her state law claim was invalid because it did not state the manufacturer knew of the dangers that come 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 loved ones obtain the compensation they are entitled to. His vast experience in FELA cases, including those involving asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping injured railroad workers and their families collect damages from those who are responsible for their ailments and injuries, including mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction and design of railways. Unfortunately, it also proved to be very deadly for railway workers who were exposed to the toxic substance. The material is durable and is able to be able to withstand extreme heat, however these properties makes it dangerous for people who work with them.

Due to the toxins found in asbestos, it may take decades for signs like mesothelioma and lung cancer to manifest. These illnesses can be extremely expensive for the victims and their families, as they require medical care and are faced with physical and emotional pain. Asbestos-related ailments can be paid by a variety sources.

The most popular method for injured railroad workers to receive financial compensation is via a lawsuit filed by a mesothelioma lawyer firm. The claims can be filed in federal courts or state courts where the railroad company is. Injury victims must prove that their employer was negligent and that they are entitled to financial compensation.

Railroad workers aren't covered by the standard workers compensation system in a lot 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 victim must show that negligence by their employer caused their mesothelioma, or other ailment. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this particular instance, the family member of a deceased railway worker filed an asbestos lawyer lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk to an attorney about their specific circumstances so that they can ensure all of their legal rights are protected.