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Railroad Asbestos Claims

Rail workers used or worked with asbestos lawyer-containing materials a lot due to its durability and heat-resistant product. But, these same qualities made asbestos a deadly and toxic material for anyone who came into contact with it.

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

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer as well as other health issues. Fortunately, railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, with the exception that it is filed against an employer and not a defendant as in criminal cases.

The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state workers' compensation laws in that it protects employees who are injured on the job due to the negligence of their employers. It also allows railroad workers to file claims when they suffer from certain diseases, such as mesothelioma.

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

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers can file state law claims as well as FELA claims. This permits families to seek compensation from various sources to pay for medical expenses, lost wages and other costs.

When filing an FELA claim it is crucial to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a worker who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is essential when dealing with a FELA case. Defendant railroads often try to limit the amount they pay to victims by claiming that they cannot prove that their illness is directly linked to their work-related exposure. It is important to seek the legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For decades, 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 the most popular mode of travel for passengers. Asbestos has been utilized in the railroad industry for decades to insulate engine parts pipes and other components of automobiles.

Rail workers are frequently exposed to asbestos through their working with equipment they service and repair. Workers wore asbestos lawyer dust on their clothing, which exposed their families to the toxic mineral.

Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the material on their trains through the 1980s and 90s. Sadly, many of these workers have developed life-threatening illnesses as a consequence of their exposure to asbestos, a dangerous mineral.

Asbestos victims typically are required to file FELA claims against the makers of the asbestos-containing equipment that they used. They could be held accountable for not warning about the dangers that could be posed by their products, or for producing asbestos-containing materials that was found to be dangerous.

For example, the family of a BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the deceased's uncle worked. The family alleges that the deceased's uncle often brought his work clothes home, and when they were wearing these clothes, his children would play with the deceased and roughhouse him as wearing his asbestos-covered work clothes. This negligence caused the mesothelioma cancer that caused the death of the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers lose the time they been able to enjoy retirement and their final chapters in life. These cases are a way to hold companies accountable for having flagrantly disregarding the health and safety demands of railroad workers to maximize their profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Since a clear injury must be shown to bring an FELA case, countless railroad workers who never been diagnosed with an asbestos-related disease may not be able make claims. This is a clear violation of the fundamental principle of tort law: to provide compensation for those who suffer due to the actions of others' actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, a few railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers can handle claims under various statutes and laws in order to ensure injured workers receive the compensation they deserve.

Asbestos was used extensively in railway components, such as steam boilers, locomotive engines and brakes. Asbestos dust was generated by machining and cutting many of these components, which workers could inhale. The asbestos dust could be ingested and cause lung problems like mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers as well as the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also give priority to cases that are filed by living victims.

This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced 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 preempted by FELA.

The company that produced the asbestos lawyers-containing equipment that she worked on filed an application for summary judgment in support of her state-law claim was not valid since it did not state that the manufacturer knew the dangers of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the loved ones of those people receive the compensation they deserve. His vast experience in FELA cases which include asbestos - has helped him to obtain millions of dollars for his clients through settlements and verdicts. He is committed to helping injured railroad workers and their families recover damages from those who are responsible for their injuries and illnesses, including 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 diesel- and steam-powered trains. It was also deadly for the railway workers who were exposed the toxic substance. The material is strong and can be able to withstand extreme heat, however these qualities are what make it dangerous for those who work with them.

Due to the toxins found in asbestos, it could take years for the symptoms such as mesothelioma or lung cancer to manifest. These illnesses can be very expensive for the families of victims, as they require medical treatment and to endure physical pain and emotional trauma. Asbestos-related ailments can be paid by a variety of sources.

A mesothelioma lawyer is the most popular way that injured railroad workers can receive financial compensation. The claims can be filed in federal courts or state courts close to the railroad's company. An injured victim must be able to prove that their employer's negligence caused their injury and they are owed financial compensation.

As opposed to other workplace injuries railroad workers do not have access to the traditional workers compensation system in a majority of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This kind of claim is a civil lawsuit in which the person who has suffered injury must show that the negligence of their employer caused mesothelioma or other ailment. However an upcoming case that was brought before the Supreme Court highlights a roadblock for railroad workers who try to claim their employers are responsible for exposing them to asbestos.

In this particular case the family member 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 block this lawsuit from progressing because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific circumstances with an experienced lawyer to better ensure all legal rights are secured.