Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot because it was a durable and heat-resistant material. These same qualities also made asbestos attorney poisonous and deadly to anyone who came in contact with it.

Rail employees often brought deadly asbestos attorney dust fibres to their homes on their clothes or in their hair. This could also put their families at risk.

Federal Employers Liability Act

Asbestos is a dangerous material that railroad workers are exposed to. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, with the exception that it is filed against an employer, not an individual defendant like in a criminal case.

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

A number of railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers could sue these companies and manufacturers of asbestos-containing goods like locomotive parts and boilers.

In addition to the federal law, certain 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 a variety of sources to pay medical bills, lost income and other expenses.

If you are filing the FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy's lawyers possess a wealth mesothelioma expertise and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was a worker who brought asbestos attorneys dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case and the family was awarded a significant mesothelioma settlement.

It is important to be aware of the time limit and your rights to settlement when settling the FELA claim. The railroads that are defending themselves frequently try to cut down on the amount they pay to a victim, claiming they are unable to prove that the illness was directly caused by their negligence to the work environment. It is essential to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for decades. Although cars now outnumber trains for most passenger travel, the rail network remains an essential component of freight transportation. Asbestos was employed throughout the railroad industry to shield pipelines, engines and car components.

In many cases railroad workers were exposed to asbestos from work-related contact with equipment they were servicing or repairing. Workers brought asbestos dust home on their clothing, which exposed their families to the toxic mineral.

Although railroad companies were aware of asbestos' dangers by 1935 but they continued to employ asbestos in their trains until the 1980s and the 1990s. Unfortunately, a lot of these workers have now developed life-threatening illnesses as a result of exposure to asbestos, a dangerous mineral.

Asbestos victims typically have to file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. These manufacturers may be held responsible for failing to warn of the risks associated with their products, or for producing asbestos-containing materials that was known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company was the owner of the brake manufacturing plant where the uncle of the deceased worked. The family alleges that the deceased's uncle frequently brought his work clothes at home, and that when he wore these clothes his children would play with him and roughhouse him when he was wearing his asbestos-covered work clothes. This negligence led to the mesothelioma cancer that caused the death of the family member.

When asbestos-related illnesses like mesothelioma are diagnosed workers lose the time they would have been able to enjoy retirement and the final chapters in life. These cases bring to justice companies that flagrantly disregarded the health and safety of railroad workers to maximize their own profits.

asbestos lawyers lawsuits against railroads led to compensations for families of injured workers. Since a clearly-defined injury has to be proved to bring an FELA case, countless railroad workers who never suffered from an asbestos-related illness might not be able make claims. This is a clear violation to the tort law principle that pays those who suffer as a result of others' actions.

State Law Claims

While federal law is the foundation for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos lawyers are able to handle claims under various statutes and laws in order to help injured workers receive the compensation they deserve.

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

If railroad workers suffer from mesothelioma, or other asbestos-related diseases and diseases, they could have state-law claims against their employers and the companies that made the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate compensation for mesothelioma sufferers. Additionally, state courts often give priority to and speedily advance cases brought by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding for PATCO Railroad. She sued the companies who produced asbestos-containing products that she worked with. Unfortunately her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.

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

Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their loved ones of those people receive the compensation they are entitled to. His vast experience in FELA cases which include asbestos - has helped him to obtain millions of dollars for his clients through verdicts and settlements. He is dedicated to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the design and construction of railroads. Unfortunately, it also proved to be extremely deadly for the railway workers who were exposed to the poisonous material. The material is very durable and is able to withstand massive amounts of heat. However these properties are what make it hazardous for those who work with it.

Due to the toxins found in asbestos, it can take decades for symptoms such as mesothelioma or lung cancer to show up. These conditions can be extremely costly for victims and families because they require medical attention and have to deal with their physical and emotional pain. Asbestos-related illnesses can be compensated through a variety of sources.

A mesothelioma lawyer is the most popular way that injured railroad workers can receive financial compensation. These claims can be brought in federal court or state courts close to the railroad's company. Injured victims must prove their employer was negligent and they have the right to financial compensation.

Railroad workers aren't covered by the standard workers compensation system in a number of states. Rather, these workers are eligible to file an action against their employers under the protections of FELA.

This type of claim is a civil suit where the injured person must prove that their employer's negligence led to their mesothelioma or other injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them asbestos.

In this particular instance, a 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 the lawsuit from proceeding since the claim is based on FELA which overrules state laws regarding asbestos claims. It is still important that railroad workers who are injured speak to an attorney regarding their specific circumstances so that they can ensure all of their legal rights are secured.