Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing products a lot due to its durability and heat-resistant material. These same qualities also made asbestos toxic and deadly to anyone who came into contact with it.

Often, rail employees would carry deadly asbestos dust fibers home on their clothes and in their hair. This could also put their families at risk.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately, railroad employees can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, however, it is filed against the employer, not an individual defendant as in a criminal case.

The FELA is a federal law adopted in 1908 to safeguard railroad workers injured on the job. FELA differs from state workers’ compensation laws in that it covers workers who are injured at work because of their employer’s negligence. It also allows railroad employees to file claims if they suffer from certain diseases such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and local railroads as well as state railroads. Railroad workers 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, some states have their own worker’s compensation programs. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from multiple sources to help pay medical bills, lost wages and other costs.

It is essential to choose a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy’s lawyers possess an extensive knowledge of mesothelioma and can assist you in obtaining the most compensation for your injury. 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 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 expedite the case, and the family received an extensive mesothelioma settlement.

It is essential to understand the statute of limitations and your rights to settlement when settling a FELA claim. Defendant railroads often try to limit the amount of money paid to victims by claiming that they can’t prove that their illness is directly linked to their exposure at work. This is why it is important to seek legal assistance from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for a long time. Rail remains an important part of freight transportation, even though cars are the most preferred mode of transport for passengers. Asbestos was utilized throughout the railroad industry to protect pipelines, engines and car components.

Rail workers are frequently exposed to asbestos because of their work with equipment that they service and repair. Workers brought asbestos dust home on their clothes, exposing their families to the harmful mineral.

Railroad companies were aware of asbestos’s dangers in 1935, but they continued to use the substance on their trains into the 1980s and 9363280 (https://www.9363280.Xyz/) 90s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result of years of occupational exposure to the dangerous mineral.

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

For instance the family of a BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant where the deceased’s nephew worked. The family alleges that the deceased’s uncle regularly brought his work clothes at home, and that when they were wearing these clothes, his children would play with him and roughhouse him when he was wearing asbestos-covered work clothing. This lapse of judgment led to mesothelioma which killed the family member.

When asbestos-related illnesses like mesothelioma are discovered workers are deprived of the time they been able to enjoy retirement and the final years of life. These cases make companies accountable for having flagrantly neglected the safety and health demands of railroad workers in order to maximize their profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Because a manifest injury has to be proved to be able to bring a FELA case, many railroad workers who never been diagnosed with an asbestos-related disease may not be able make a claim. This is a clear infringement to the tort law principle that compensates the victims of others’ actions.

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, some railroad workers have state-law claims 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 widely used in railway components such as steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which created asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled and 9363280 cause lung issues such as mesothelioma.

If railroad workers suffer from mesothelioma, or any other asbestos-related illnesses, they can bring a state-law suit against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. In addition, state courts frequently give priority to and quickly advance cases filed by living plaintiffs.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for PATCO Railroad. She filed a lawsuit against the companies that made asbestos-containing products that she worked with. The family was not able to win 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 not viable since it did not state that the company knew about the risks of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their loved ones obtain the compensation they deserve. His extensive experience in FELA cases – including those involving asbestos – has allowed him to obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those who are accountable for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively utilized in the design and construction of railways. It also posed a threat to many railway workers exposed to the toxic substance. The material is extremely durable and is able to withstand massive amounts of heat; however these properties are what make it hazardous to people who work with it.

Due to the toxins found in asbestos, it could take decades for signs like mesothelioma and lung cancer to show up. These conditions can be very expensive for the victims and their families as they need medical treatment and must deal with their physical and emotional discomfort. Fortunately, asbestos-related illnesses are eligible for compensation from various sources.

A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured are able to receive financial compensation. These claims can be filed in federal courts or state courts in which a railroad company is located. An injury victim must prove that the negligence of their employer led to their injury and they are owed financial compensation.

As opposed to other types of workplace injuries railroad workers don’t have access to the standard workers compensation system in the majority of states. These workers can sue their employers under FELA protections.

This is a civil claim in which the person who is injured has to prove that their employer’s negligence caused their mesothelioma or another injuries. However an upcoming case filed before 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, an individual from the family of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court’s decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from going forward because the claim is based upon FELA which goes over state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their specific circumstances with an experienced lawyer so that they can better ensure that all legal rights are protected.