Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing products because it was a robust and heat-resistant material. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

In many cases, rail workers would carry deadly asbestos dust fibers home with them on their clothes and in their hair. This could also put their families in danger.

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railroad workers are exposed to. Asbestos is known to cause cancer and other health problems. Thankfully, railroad workers can get 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 instead of 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 because of their employer's negligence. It also permits railroad workers to file claims if they develop certain illnesses like mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroad companies that have been involved in asbestos litigation over the years. Railroad workers can sue these companies and manufacturers of asbestos-containing goods such as locomotive parts or boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources in order to help pay for medical expenses, lost income and other expenses.

When filing an FELA claim, it is important to choose an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family of a man who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair, and the cancer was diagnosed in 2012. Ken was able expedite the case and his family received a significant mesothelioma compensation.

Understanding the statute of limitation and your rights in a settlement are crucial when deciding on a FELA case. Defendant railroads often try to limit the amount of money paid to the victim by claiming that they cannot prove that their illness is directly related to their work-related exposure. This is why it is important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for decades. Rail is still a vital component of freight transportation even though automobiles are now the most popular mode of transport for passengers. Asbestos poisoning claim (telegra.ph) was employed throughout the railroad industry to shield train engines, pipes and car components.

In many cases, railroad workers were exposed to asbestos due to working contact with the equipment they were servicing and repair. Workers wore asbestos claimants dust on their clothes, exposing their families to the toxic mineral.

Although railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses because of years of occupational exposure.

Asbestos victims often file FELA claims with the makers of asbestos-containing equipment for which they worked. The manufacturers could be held responsible for not warning of the dangers associated with their products, or for producing asbestos-containing material that was known to be harmful.

For example the family of the BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the uncle of the deceased was employed. The family alleges the deceased's uncle would often bring his asbestos-covered work clothes home and his children would beat him when the clothes were on. This lapse of judgment led to mesothelioma that killed the family member.

When workers are diagnosed with asbestos-related illnesses like mesothelioma, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold accountable 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. Unfortunately, because a showing of a manifest injury is required to file an FELA asbestosis claim form, many seemingly healthy railroad workers who don't suffer from an asbestos-related illness may not be able to bring claims. This is clearly in violation of the basic principle of tort law: to compensate those who suffer as a result of other' actions.

State Law Claims

While federal law is the basis for most asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos attorneys can manage claims under a variety of laws and statutes to help injured workers and their families get the amount of compensation they are entitled to.

va asbestos claims was utilized in a variety of railway components, including locomotive engines, brakes, and steam boilers. Many of these components required cutting or machining which created asbestos claims after death dust that could be inhaled by workers. This asbestos dust can also be inhaled, causing lung diseases like mesothelioma.

When railroad workers develop mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers as well as the companies that made the products that exposed them asbestos. These claims are filed in state courts where juries and judges have vast experience in determining proper compensation for mesothelioma victims. State courts also give priority to cases that are filed by living mesothelioma victims.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She sued the companies who manufactured asbestos-containing products that she worked with. Her family was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made asbestos-containing products for which she worked, filed a motion for a summary judgment. They argued that her state law claim was invalid because it did not allege that the company was aware of the dangers associated with the use of asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those individuals obtain the compensation that they are entitled to. His vast experience in FELA cases that include asbestos exposure, has allowed him to secure millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers injured and their families recover damages from those responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, specifically in steam- and diesel-powered trains. It also posed a threat to many railway workers exposed to the toxic substance. The material is durable and is able to withstand extreme heat, but these characteristics make it dangerous for those who work with them.

Because of the toxins in asbestos, it could take decades for symptoms such as mesothelioma or cancer to manifest. These diseases can be extremely costly for victims and families because they require medical attention and have to bear the physical pain and emotional suffering. Fortunately, Asbestos Poisoning Claim asbestos-related illnesses are eligible for compensation from a variety of sources.

A mesothelioma lawyer is the most common way that injured railroad workers can receive financial compensation. The claims can be filed in federal court or state courts in which the railroad company is. Injury victims must prove that their employer was negligent and that they have the right to financial compensation.

Unlike most other workplace injuries, railroad workers do not have access to the standard workers' compensation system in most states. They are instead eligible to file an action against their employers under the protections of FELA.

This is a civil lawsuit where the injured person must prove that the negligence of their employer caused their mesothelioma, or any other injury. However an upcoming case brought to the Supreme Court highlights a roadblock facing some railroad workers who try to claim their employers are responsible for exposure to asbestos.

In this particular case the family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from moving forward 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 regarding their particular circumstances so they can be sure that all of their legal rights are protected.