How Railroad Asbestos Claims Has Changed My Life The Better

Railroad Asbestos Claims

Railroad workers frequently used or worked around asbestos lawyers-containing materials because it was a durable and heat-resistant substance. However, the same characteristics made asbestos a deadly and toxic material for anyone who came into contact with it.

Rail employees often carried asbestos dust particles to their homes on their clothes or in their hair. This could put their families in danger as well.

Federal Employers Liability Act (FELA)

asbestos attorney is a dangerous material that railway workers are exposed to. asbestos lawsuit is a hazardous material that can cause a variety of health issues, including cancer. Fortunately, railroad employees can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, with the exception that it is filed against an employer and not a defendant as in a criminal case.

The FELA is an act of the federal government that was enacted in the year 1908 to protect railroad workers who are injured on the job. FELA is different than the state's worker's compensation laws since it covers workers who are injured on the job due to their employers negligence. It also allows railroad workers to file claims if they suffer from certain diseases, such as mesothelioma.

Over the years, several railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing items like 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 victims are able to file state-law claims, as well as FELA claims. This permits families to seek compensation from various sources to pay medical expenses, lost income and other expenses.

It is crucial to find a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can assist you in getting the maximum amount of compensation for your injuries. Ken Danzinger, a 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 a laborer who frequently brought asbestos dust to his home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case and his family received an important mesothelioma compensation.

Understanding the statute of limitations and your rights in a settlement is essential in the FELA case. The railroads that are defending themselves often try to reduce the amount of money paid to a victim, claiming they cannot prove the illness was caused directly by their negligence to the work environment. It is important to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for years. Although cars have now surpassed trains for the majority of passengers, the rail network remains an essential element of freight transportation. Asbestos was employed throughout the railroad industry to shield train engines, pipes and car parts.

In many cases, railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing and repair. Workers wore asbestos dust on their clothes, exposing their families to the poisonous mineral.

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material on their trains through the 1980s and 90s. Unfortunately, a large number of workers are currently suffering from serious illnesses as a result years of exposure to asbestos.

Asbestos victims typically are required to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. These manufacturers can be held accountable for their failure to warn of the dangers of their products and for producing asbestos-containing products that were known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company owned the brake manufacturing plant where the deceased's uncle worked. The family claims that the deceased's uncle often brought work clothes at home, and that when they were wearing these clothes, his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This negligence caused the mesothelioma which caused the death of the family member.

When asbestos-related diseases like mesothelioma is diagnosed workers lose the time they had to enjoy retirement and the final years. These cases are a way to hold companies accountable for having flagrantly neglected the safety and health demands of railroad workers in order to maximize profits.

Asbestos suits against railroad companies led to compensations for families and workers who were injured. Unfortunately, because a showing of manifest injury is required to file a FELA claim, many seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to file an claim. This is clearly in violation of the basic principle of tort law, which is to compensate people who suffer as a result of other' 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 are able to handle claims under a variety of statutes and laws in order to help injured workers receive the compensation they deserve.

Asbestos was employed in various railway components, including locomotive engines, brakes, and steam boilers. Many of these components required cutting or machining which created asbestos dust that could be inhaled by workers. This asbestos dust can be ingested and cause lung diseases such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related illnesses, they can make a claim under the state law against their employers and the manufacturers of the products which exposed them to asbestos. These claims are filed in state courts, where judges and juries have vast experience in determining the amount of compensation for mesothelioma sufferers. Additionally, state courts typically offer priority to and swiftly move cases filed by living plaintiffs.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding technician for PATCO Railroad. She sued the companies that manufactured the asbestos-containing equipment that she worked on. Her family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that manufactured the asbestos-containing equipment that she worked on filed a motion for summary judgment in support of her state-law claim was not valid because it did not allege that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families get the compensation they deserve. His vast experience in FELA cases, including those involving asbestos exposure, has helped him secure millions of dollars in verdicts and settlements for his clients. He is dedicated to helping injured railroad workers and their families collect damages from those who are responsible for their injuries and illnesses, such as 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. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is extremely tough and capable of withstanding immense quantities of heat. However these qualities are the reason it is dangerous for workers who work with it.

It could take a long time for mesothelioma-related symptoms and lung cancer to show up due to the toxins found in asbestos. These conditions can be extremely expensive for families and victims, as they require medical attention and have to deal with their physical pain and emotional trauma. Asbestos-related diseases can be compensated by a variety sources.

A mesothelioma lawyer is the most popular method by which railroad workers injured can receive financial compensation. These lawsuits can be filed in federal courts or state courts where railroad companies are located. An injured victim must be able to prove that the negligence of their employer led to their injury and they are owed financial compensation.

Unlike most other workplace injuries railroad workers do not have access to the typical workers compensation system in the majority of states. They are instead qualified to file a lawsuit against their employers under the protections of FELA.

This is a civil action where the injured person has to demonstrate that the negligence of their employer caused their mesothelioma, or other injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this case the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent the lawsuit from proceeding since the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nevertheless important for railroad workers injured to discuss their particular circumstances with an experienced lawyer to better ensure that their legal rights are protected.