Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot due to its durability and heat-resistant product. The same properties also made asbestos toxic and deadly for those who came in contact with it.

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

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers have the right to compensation 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 an individual defendant as in a criminal case.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it protects employees who are injured on the job because of their employer's negligence. It also permits railroad workers to file claims for certain illnesses such as mesothelioma.

A number of railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies that have been involved in asbestos litigation throughout the years. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing products, such as boilers, locomotive parts and railcar siding.

In addition to the federal law, www.9363280.xyz some states have their own worker's compensation programs. Asbestos-related mesothelioma victims can file state law claims, as well as FELA claims. This permits families to seek compensation from various sources to pay for medical bills, lost income and other expenses.

When submitting the FELA claim it is essential to choose an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise 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 until 1959 as a scrapper of steam engines. He was a laborer who regularly brought asbestos dust home on his clothes and in his hair. Then, the cancer was diagnosed in 2012. Ken was able to expedite the case, and the family received a substantial mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is crucial in a FELA case. Railroads that are defending themselves often attempt to limit the amount paid to victims by claiming that they can't prove that their illness is directly linked to their work-related exposure. This is why it is so important to seek legal help from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for years. Rail is still an integral part of freight transport despite the fact that cars are the most popular mode of transport for passengers. Asbestos was utilized throughout the railroad industry to protect trains, pipes and car components.

Rail workers are often exposed to asbestos through their work with equipment that they repair and service. Workers also brought home asbestos dust on their clothing, exposing their spouses and children to the harmful mineral as well.

Railroad companies were aware of asbestos's dangers in 1935, but they continued to use the material on their trains through the 1990s and into the 1980s. Unfortunately, a lot of these workers have developed life-threatening illnesses as a result of their exposure to asbestos, a dangerous mineral.

Asbestos victims typically have to file FELA claims with the makers of asbestos-containing equipment with which they worked. The manufacturers could be held accountable for failing to warn about the dangers of their products and for producing asbestos-containing products that were known to be harmful.

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 manufacturing plant where the deceased's uncle worked. The family alleges the deceased's uncle would often bring his asbestos-covered work attire to his home and that his children would beat him while they saw him in these clothes. This negligence caused the mesothelioma which caused the death of the family member.

If workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold accountable businesses that blatantly ignored the safety and health of dedicated railroad employees to increase their profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a clearly-defined injury must be shown to bring the possibility of a FELA case, many railroad workers who never developed an asbestos-related illness may not be able make a claim. This is a clear breach of the tort law principle that pays those who suffer due to the actions of others.

State Law Claims

While federal law is the foundation for 9363280 the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can handle claims under a variety of different statutes and laws to ensure that injured workers and their families get the justice they deserve.

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

If railroad workers contract mesothelioma, or any other asbestos-related illnesses, they can make a claim under the state law against their employers as well as the makers of the products that exposed them to asbestos. These claims are brought before state courts where juries and judges have vast experience in determining the amount of compensation for mesothelioma patients. Additionally, state courts often give priority to and speedily advance cases filed by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder for PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment that she worked on. However, her family was unable to prevail as the Supreme Court ruled that her state law claim was invalidated by FELA.

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

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families receive the compensation they are entitled to. His extensive experience in FELA cases - including those involving asbestos has helped him secure millions of dollars for his clients through verdicts and settlements. He is dedicated to helping railroad workers and their families collect damages from those accountable for their injuries, illnesses and 9363280 mesothelioma. He has handled railroad injury claims successfully in Illinois, 9363280.xyz Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the design and construction of railways. However, it proved to be very deadly for many railway workers who were exposed to the toxic material. The material is tough and 9363280 (www.9363280.Xyz) can be able to withstand extreme heat, however these qualities are what make it dangerous for the people who work with them.

It could take a long time for mesothelioma-related symptoms and lung cancer to show up due to the toxins found in asbestos. These diseases can be extremely expensive for families and victims who require medical attention and have to deal with their physical pain and emotional suffering. Fortunately, asbestos-related illnesses are eligible for compensation from a variety of sources.

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

Railroad workers aren't covered under the standard workers compensation system in many states. Railroad workers are able to sue their employers for compensation under FELA protections.

This kind of claim is a civil lawsuit where the injured person must show that negligence by their employer led to their mesothelioma or another injury. However the recent case that was brought to the Supreme Court highlights a roadblock for railroad workers who attempt to hold their employers accountable for the exposure they have to asbestos.

In this particular case, a family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing because the claim is based on FELA which overrules state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific circumstances with an experienced attorney so that they can better ensure that all legal rights are protected.