Why Railroad Asbestos Claims Can Be More Dangerous Than You Realized

Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. The same characteristics also made asbestos attorneys 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

Asbestos is a hazardous material that railroad workers are exposed. Asbestos can cause cancer as well as other health problems. Fortunately, railroad employees 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, however, it is filed against the employer rather than a defendant like criminal cases.

The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state's laws on worker's compensation, since it covers workers who suffer injuries on the job because of the negligence of their employers. It also permits railroad workers to file claims for specific illnesses, such as mesothelioma.

Several railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations like Amtrak and Transtar as well as local state and municipal railroads. Railroad workers can sue these companies as well as manufacturers of asbestos-containing products such as 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 multiple sources to pay for medical expenses, lost wages and other expenses.

When filing the FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that 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 a laborer who frequently brought asbestos dust to his home on his clothes and in his hair. Eventually, the cancer was diagnosed in 2012. Ken was able to speed up the case, and the family received an extensive mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement are crucial when deciding on a FELA case. The railroads that are defending themselves often attempt to cut the amount of money paid to the victim, claiming that they can't prove that the illness was caused directly by their negligence at work. This is why it is important to seek legal help from a seasoned railroad attorney.

Asbestos Manufacturers

For decades, railroad workers have been suffering from asbestos exposure for years. Although cars have now surpassed trains for most passenger travel, the rail network remains a vital part of freight transportation. Asbestos was utilized throughout the railroad industry to protect train engines, pipes and car parts.

In many instances, railroad workers were exposed to asbestos due to on-the-job contact with the equipment they were servicing and repairing. Workers also brought home asbestos dust on their clothing, exposing their spouses and children to the harmful mineral as well.

While railroad companies knew of the dangers of asbestos by 1935 however, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, many of these workers are currently suffering from serious illnesses due to years of occupational exposure.

Asbestos victims often file FELA claims against the manufacturers of the asbestos-containing equipment that they used. These manufacturers can be held accountable for failing to warn about the dangers of their products and for producing asbestos-containing materials that were found to be dangerous.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died of mesothelioma. The company was the owner of the brake plant in which the nephew of the deceased worked. The family alleges that the deceased's uncle frequently brought his work clothing at home, and that when he wore these clothes, his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. This lapse of care led to the mesothelioma that killed the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers are deprived of the time they been able to enjoy retirement and their final years of life. These cases hold accountable businesses that blatantly ignored the health and safety of dedicated railroad employees to increase their profits.

Asbestos suits against railroad companies resulted in compensation for families and workers who were injured. Since a demonstration of manifest injury is required to bring a FELA claim, many healthy railroad workers who never suffer from an asbestos-related illness may be unable to file claims. This is a clear breach to the tort law principle that compensates those who suffer as a result of the actions of others.

State Law Claims

While federal law is the basis for most asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers are able to handle claims under various statutes and laws to ensure injured workers receive the compensation they deserve.

Asbestos was employed in various railway components like locomotive engines, brakes and steam boilers. Asbestos dust was produced through cutting and machining of these components, which workers could breathe in. This asbestos lawyer 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 as well as the manufacturers of the products that exposed them asbestos. These claims are brought before state courts where juries and judges have vast experience in determining the compensation for mesothelioma patients. State courts also give priority to cases that are filed by living mesothelioma patients.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding for PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing products she worked on. Her family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that produced asbestos-containing products for which she worked filed a motion for a summary judgment. They asserted that her state law claim was not valid since it did not claim the manufacturer knew of the dangers associated with using asbestos in its products. The Supreme Court dismissed her claims.

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

Compensation

asbestos attorney was extensively used in the design and construction of railways. It also posed a threat to the railway workers who were exposed the toxic substance. The material is extremely durable and can withstand huge quantities of heat. However these properties are the reason it is dangerous to people who work with it.

Due to the toxins found in asbestos, it can take decades for symptoms such as mesothelioma or lung cancer to manifest. These diseases can be extremely costly for victims and their families as they need medical treatment and must deal with their physical and emotional discomfort. Asbestos lawyer-related illnesses can be compensated by a variety of sources.

The most common method for railroad workers injured in an accident to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal courts or state courts close to the railroad's company. An injured victim must demonstrate that the negligence of their employer caused their injury and they are entitled to financial compensation.

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

This is a civil lawsuit where the victim has to demonstrate that the negligence of their employer caused their mesothelioma or any other injury. 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 case a family member of a deceased railway worker has filed an asbestos 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 on FELA which overrides state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their particular circumstances with an experienced attorney to better ensure all legal rights are secured.