A Handbook For Railroad Asbestos Claims From Beginning To End

Railroad Asbestos Claims

Railroad workers frequently used or worked around asbestos-containing materials because it was a durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly for those who came into contact with it.

Most often, railway workers often carry asbestos attorneys dust particles that are deadly with them on their clothing and hair. This could put their families in danger 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 workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, except that it is filed against an employer, not an individual defendant like in criminal cases.

The FELA is an act of the federal government that was enacted in the year 1908 to safeguard railroad workers who are injured on the job. FELA differs from state worker's 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 if they suffer from certain ailments, such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroad companies that have been involved in asbestos litigation over the years. Railroad employees are able to sue these companies under FELA and also manufacturers of asbestos-containing items like boilers, locomotive parts, and railcar siding.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos sufferers are able to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from a variety of sources to pay medical expenses, lost wages and other expenses.

It is crucial to find an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can help you obtain maximum compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. He was a laborer who regularly brought asbestos dust home on his clothing and in his hair. Eventually, the cancer was diagnosed in 2012. Ken was able to speed up the case and his family received an important mesothelioma compensation.

It is essential to understand the statute of limitations and your rights to settlement when settling the FELA claim. The railroads who defend themselves often try to reduce the money that is paid to a victim, by claiming they are unable to prove that the illness was caused directly due to their exposure on the job. It is essential to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have been suffering from the effects of asbestos exposure. Rail remains an important part of freight transportation despite the fact that cars are now the most preferred mode of travel for passengers. Asbestos was used throughout the railroad industry to insulate pipelines, engines and car components.

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

Railroad companies were aware of asbestos' dangers in 1935, but continued to employ the material in their trains throughout the 1980s and 90s. Sadly, many of these workers are now suffering from life-threatening illnesses as a consequence of years of occupational exposure to asbestos attorney, a dangerous mineral.

Asbestos victims typically have to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. The manufacturers could be held accountable for failing to warn of the dangers of their products and for producing asbestos-containing materials that were known to be dangerous.

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

When asbestos-related diseases such as mesothelioma are diagnosed workers lose the time they would have had to enjoy retirement and their final years of life. These cases are a way to hold companies accountable who have flagrantly disregarding the health and safety demands of railroad workers in order to maximize profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Because a manifest injury must be shown in order to establish an FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able to file claims. This is a clear infringement to the tort law principle that compensates the victims of the actions of others.

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws to help injured workers receive the compensation they need.

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

If railroad workers develop mesothelioma, or any other asbestos-related illnesses, they can make a claim under the state law against their employers and the manufacturers 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. Additionally, state courts often give priority to and quickly forward cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who manufactured asbestos-containing products that she worked on. Her family was unable prevail since the Supreme Court ruled 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 not valid because it did not state the manufacturer knew of the dangers associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and loved ones of those people receive the compensation they deserve. His vast experience in FELA cases, including those involving asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping injured railroad workers and their families collect damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction and design of railroads. However, it proved to be extremely deadly for the railway workers who were exposed to the toxic material. The material is extremely tough and capable of withstanding immense quantities of heat. However these properties are what make it hazardous to workers who work with it.

Due to the toxins found in asbestos, it may take years for the symptoms such as mesothelioma or lung cancer to develop. These diseases can be extremely expensive for families and victims because they require medical attention and have to bear the physical and emotional pain. Fortunately, victims of asbestos-related diseases are eligible for compensation through various sources.

The most popular method 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 in which railroad companies are located. An injury victim must be able to prove that the negligence of their employer caused their injury, and they are entitled to financial compensation.

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

This is a civil lawsuit where the injured person must prove that their employer's negligence caused mesothelioma or another injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them asbestos.

In this case, the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos lawsuit claims. It is still important that railroad workers who have been injured speak to an attorney regarding their particular circumstances so they can ensure that their legal rights are protected.