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Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials because it was a robust and heat-resistant material. The same characteristics also made asbestos poisonous and deadly to those who came into contact with it.

Rail workers often carried asbestos dust particles home on their clothing or in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. asbestos attorneys can cause cancer and other health issues. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, but it is filed against an employer, not a defendant as in the case of a criminal.

The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers who were injured on the job. FELA differs from state's worker's compensation laws as it covers employees who are injured on the job because of the negligence of their employers. It also allows railroad employees to file claims when they develop certain illnesses, such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar and local state and municipal railroads. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing products such as boilers, locomotive parts and railcar siding.

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

It is important to hire an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can assist you in obtaining 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 speed up the case, and the family received an extensive mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential when deciding on a FELA case. Railroads that defend themselves frequently try to cut down on the amount they pay to the victim, claiming they cannot prove the illness was caused directly due to their exposure to the work environment. This is why it is important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

For many years, railroad workers have suffered from asbestos-related illnesses for a long time. Rail is still a vital component of freight transport despite the fact that cars are now the most preferred mode of travel for passengers. Asbestos was used in the railroad industry for a long time to insulate engine parts, pipes, and other automobile components.

In many instances railroad workers were exposed to asbestos from working contact with the equipment they were servicing or repairing. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral.

Although railroad companies were aware of the dangers of asbestos by 1935, they continued to use asbestos on their trains through the 1980s and 1990s. Sadly, many of these workers are now suffering from life-threatening diseases as a result of their exposure to the hazardous mineral.

Asbestos victims typically file FELA claims against manufacturers of the asbestos-containing equipment that they used. These manufacturers may be held liable for not advising about the dangers that could be posed by their products, and for producing asbestos attorney-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company was the owner of the plant that made brakes where the uncle who died was employed. The family alleges the deceased's Uncle often brought his asbestos-covered work clothing to his home and that his children would slap him when the clothes were on. This negligence caused the mesothelioma that killed the family member.

If workers are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases make companies accountable who have flagrantly disregarding the health and safety demands of railroad workers in order to maximize their profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a demonstration of manifest injury is required for bringing a FELA claim, many seemingly healthy railroad workers who don't get sick due to asbestos may be unable to make such a claim. This is an obvious violation of the underlying principle of tort law, which is to compensate those who suffer as a result of other' actions.

State Law Claims

While federal law lays the foundation for many asbestos lawsuits, some railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws to help injured workers receive the compensation they need.

Asbestos was used extensively in railway components, such as steam boilers, locomotive engines and brakes. Many of these components required machining or cutting which resulted in the formation of airborne asbestos dust which could be inhaled by workers. This asbestos dust can also be ingested, causing lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos Lawyer-related illnesses, they can bring a state-law suit against their employers and the manufacturers of the products that exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the proper compensation for mesothelioma victims. Additionally, state courts often offer priority to and swiftly advance cases filed by living plaintiffs.

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 equipment that she worked on. Her family was unable win 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 an application for a summary judgment. They claimed that her state law claim was invalid since it did not claim that the company was aware of the risks associated with using asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their family members of those who suffer from the same obtain the compensation that they are entitled to. His extensive experience in FELA cases which include asbestos - has helped him to secure millions of dollars for his clients in verdicts and settlements. He is committed to helping injured railroad workers and their loved ones recover damages from those 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 of railroads, especially in diesel and steam-powered trains. It also posed a threat to many railway workers exposed to the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat; however, these qualities are exactly what make it hazardous for those who work with it.

Due to the toxins found in asbestos, it could take decades for signs like mesothelioma and lung cancer to develop. These diseases can be extremely costly for victims and their families since they need medical treatment and have to deal with their physical and emotional discomfort. Fortunately, victims of asbestos-related diseases are eligible for compensation from a variety of sources.

A mesothelioma lawyer is the most commonly used way that injured railroad workers are able to receive financial compensation. The claims can be filed in federal court or state courts near the railroad company. A victim of injury must prove that their employer's negligence led to their injury and they are entitled to financial compensation.

Unlike most other types of workplace injuries railroad workers do not have access to the typical workers' compensation system in most states. They are instead qualified to file a lawsuit against their employers under the protections of FELA.

This kind of claim is a civil action in which the person who has suffered injury must show that negligence by their employer caused their mesothelioma, or other injury. However the recent case that was filed before the Supreme Court highlights a roadblock that railroad workers face when they try to make their employers accountable for exposing them to asbestos.

In this particular instance, an individual from the family of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their particular circumstances with an experienced lawyer to better ensure that all legal rights are protected.