Railroad Asbestos Claims

Railroad workers often utilized or exposure worked around asbestos-containing materials due to its robust and heat-resistant material. But, these same qualities made asbestos poisonous and deadly for those who came in contact with it.

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

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. asbestos claims against royal navy can i claim compensation for asbestos exposure cause cancer and other health problems. Thankfully, railroad workers can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, however, it is filed against the employer rather than the defendant in criminal cases.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state workers' compensation laws in that it protects employees who are injured at work 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 with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers could sue these companies, as well as the manufacturers of asbestos-containing products such as locomotive parts or boilers.

In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers are able to file state-law claims as well as FELA claims. This permits families to seek compensation from various sources to help pay medical bills, lost income and other expenses.

When submitting the FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and can assist you in getting maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented a family member who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. He was an employee who brought asbestos dust home with him 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 significant mesothelioma settlement.

It is essential to understand the statute of limitations and your rights to a settlement when dealing with a FELA claim. The railroads that are defending themselves often try to reduce the amount they pay to the victim, claiming they cannot prove the illness was caused directly by their negligence to the work environment. It is important to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For decades, railroad workers have suffered from asbestos exposure for years. Although cars now outnumber trains for most passengers but the rail network is an essential component of freight transportation. Asbestos has been utilized in the railroad industry for many years to insulate engine parts, pipes, and other automobile components.

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

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

Asbestos victims frequently are required to file FELA claims with the makers of asbestos-containing equipment for which they worked. These manufacturers can be held liable for failing to warn consumers about the dangers of their products, and for producing asbestos-containing materials that were known to be dangerous.

For instance the family of a BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant where the nephew who died worked. The family alleges the deceased's uncle would often bring his asbestos poisoning claims-covered work clothing to his home and that his children would roughhouse him while they saw him in these clothes. This negligence caused the mesothelioma which killed the family member.

When asbestos-related diseases such as mesothelioma are discovered workers lose the time they would have enjoyed retirement and the final years. 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 railroad companies have resulted in compensation claims for injured workers and their families. However, since a proof of a manifest injury is required to file a FELA claim, countless seemingly healthy railroad workers who don't suffer from an asbestos-related illness may be unable to make such a claim. This is a clear violation of the tort law principle that compensates the victims of others' actions.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits filed against railroad workers, state law could provide additional protections. Asbestos attorneys can deal with claims under a range of different statutes and laws to ensure injured workers and their families receive the compensation they deserve.

Asbestos was used extensively in railway components such as locomotive engines, steam boilers and brakes. Asbestos dust was created by cutting and machining many of these parts, which workers could inhale. The asbestos dust may also be inhaled, causing lung issues like mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related illnesses and diseases, they could have state-law claims against their employers and the producers of the products that exposed them asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. Additionally, state courts often give priority to and quickly advance cases filed by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing products she worked on. The family was not able to prevail because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing equipment that she worked on filed an application for summary judgment and argued that her state law claim was unconvincing because it did not claim that the company knew about the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their loved ones obtain the compensation they deserve. His vast experience in FELA cases including asbestos cases - has helped him to secure millions of dollars for his clients in verdicts and settlements. He is committed to helping railroad workers injured and their families collect damages from those who are responsible for their ailments and injuries, including 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, particularly in diesel and steam-powered trains. However, it proved to be very deadly for railway workers who were exposed to the toxic material. The material is durable and can be able to withstand extreme heat, however these characteristics makes it dangerous for people who work with them.

Due to the toxins found in asbestos, it could take decades for signs like mesothelioma and lung cancer to show up. These illnesses can be very expensive for the families of victims because they require medical attention and have to deal with their physical pain and emotional trauma. Asbestos-related diseases can be compensated through a variety of sources.

A mesothelioma lawyer is the most common method through which railroad workers who have been injured can be awarded financial compensation. These lawsuits can be filed in federal court or state courts where railroad companies are located. An injured victim must be able to prove that the negligence of their employer led to their injury and they are entitled to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in a number of states. Instead, they are eligible to file an action against their employers under the protections of FELA.

This kind of claim is a civil lawsuit in which the person who has suffered injury must prove that their employer's negligence caused mesothelioma or other ailment. However an upcoming case that was brought before the Supreme Court highlights a roadblock for railroad workers who are trying to hold their employers accountable for exposure to asbestos.

In this case the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent the lawsuit from proceeding since the claim is based upon FELA which goes over state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak with an attorney about their specific circumstances so that they can ensure that their legal rights are secured.