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Railroad Asbestos Claims

Railroad workers often utilized or worked around asbestos-containing materials because it was a highly robust and heat-resistant material. The same characteristics also made asbestos lawyers poisonous and deadly for those who came into contact with it.

Rail workers often carried asbestos dust particles home on their clothes 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 is known to cause cancer and other health problems. Fortunately, railroad employees can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, except that it is filed against an employer, not a defendant as in a criminal case.

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

Over the years, a number of railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers may sue these companies and manufacturers of asbestos-containing products like locomotive parts or boilers.

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

When submitting an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can help you get 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 steam engine scrapper. He was a worker who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able expedite the case and the family received an important mesothelioma payout.

Understanding the statute of limitations and your rights in a settlement are crucial when dealing with an FELA case. Railroads who are defendants frequently try to limit the amount of money paid to victims by arguing that they cannot prove that their illness is directly related to their work-related exposure. This is why it is important to seek legal advice from an experienced railroad attorney.

Asbestos Manufacturers

For many years, railroad workers have been suffering from asbestos exposure for years. Rail remains an important part of freight transportation despite the fact that cars are now the most preferred mode of transport for passengers. Asbestos was used in the railroad industry for decades to insulate engine parts, pipes, and other automobile components.

Rail workers are often exposed to asbestos because of their working with equipment they repair and service. Workers wore asbestos dust on their clothing, which exposed their families to the harmful mineral.

Railroad companies were aware of asbestos's dangers in 1935, but continued to use the material on their trains through the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening diseases as a result years of exposure to asbestos.

Asbestos victims frequently are required to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. They could be held liable for not advising of the dangers associated with their products, as well as for producing asbestos-containing material that was known to be harmful.

For example the family of an BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake manufacturing plant where the uncle of the deceased worked. The family claims that the deceased's uncle would often bring his asbestos-covered work clothing at home, and his children would slap the man when the clothes were on. This negligence led to the mesothelioma that killed the family member.

When asbestos-related illnesses like mesothelioma are diagnosed, workers lose the time they enjoyed retirement and their final chapters in life. These cases hold accountable businesses that blatantly ignored the safety and health of railroad workers to increase their profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a clearly-defined injury must be shown in order to establish the possibility of a FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able to make claims. This is a clear infringement of the tort law principle of compensation for those who suffer due to other people's actions.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law that may provide additional legal protections. Asbestos attorneys can manage claims under a variety of different statutes and laws to help injured workers and their families receive the amount of compensation they are entitled to.

Asbestos was extensively used in railway components such as steam boilers, locomotive engines and brakes. A lot of these components required machining or cutting which created asbestos dust that could be inhaled by workers. The asbestos lawyer dust may also be ingested, causing lung issues like mesothelioma.

If railroad workers suffer from mesothelioma, or any other asbestos-related diseases, they can file a state-law claim against their employers and the manufacturers of the products which exposed them to asbestos. These claims are filed before state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma sufferers. State courts also have priority to cases that are filed by living victims.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment she worked on. However her family was not able to prevail because the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that made the asbestos-containing equipment that she worked on filed a motion for summary judgement and argued that her state law claim was not valid since it did not state that the manufacturer was aware of the dangers 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 vast experience in FELA cases including asbestos cases - has helped him to secure millions of dollars for his clients through verdicts and settlements. He is committed to helping railroad workers and their families collect damages from those responsible for their illnesses, injuries, and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railways. However, it proved to be extremely deadly for the railway workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive amounts of heat. However, these qualities are exactly the reason it is dangerous for those who work with it.

Because of the toxins in asbestos, it can take decades for symptoms like mesothelioma and lung cancer to develop. These diseases can be extremely expensive for families and victims, as they require medical treatment and to bear the physical and emotional pain. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation from a variety of sources.

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

In contrast to other workplace injuries railroad workers don't have access to the traditional workers compensation system in a majority of states. Instead, they are qualified to file a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the victim must show that negligence by their employer led to their mesothelioma or another injury. However, a recent case filed before the Supreme Court highlights a roadblock for railroad workers who are trying to claim their employers are responsible for the exposure they have to asbestos.

In this particular case an individual from the family of a deceased railway worker filed an asbestos lawsuit - Trade-britanica.trade, against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA, which trumps state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their specific situation with an experienced attorney so that they can better ensure all legal rights are secured.