How To Tell The Good And Bad About Railroad Asbestos Claims

Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. The same properties also made asbestos toxic and deadly to anyone who came into contact with it.

Rail workers frequently brought asbestos dust particles home on their clothing or in their hair. This could put their families at risk as well.

Federal Employers Liability Act

Asbestos is a hazard that railroad workers are exposed. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers are able to seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, with the exception that it is filed against an employer and not a defendant as in criminal cases.

The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state's worker's compensation laws as it covers employees who suffer injuries on the job because of the negligence of their employers. It also allows railroad employees to file claims for specific diseases like 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 as well as municipal and state-owned railroads in the local area. Railroad employees are able to sue these companies under FELA as well as manufacturers of asbestos-containing products such as locomotive parts, boilers and railcar siding.

In addition to the federal law, a few states have their own worker's compensation programs. asbestos lawyer-related mesothelioma patients can file state law claims, as well as FELA claims. This allows families to pursue compensation from multiple sources in order to help pay for medical bills, lost income and other expenses.

It is crucial to find an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers possess vast knowledge in mesothelioma and can assist you in obtaining the most compensation for your injury. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able expedite the case, and the family received an important mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial when dealing with an FELA case. Defendant railroads often try to reduce the amount paid out to a victim by claiming that they can't prove that the illness is directly connected to their work-related exposure. This is why it is so important to seek legal advice from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos lawyers exposure for a long time. Rail is still an integral part of freight transportation even though automobiles are now the most preferred mode of travel for passengers. Asbestos was used throughout the railroad industry to shield pipelines, engines and car parts.

In many instances, railroad workers were exposed to asbestos from working contact with the equipment they were servicing and fixing. Workers also brought asbestos dust home on their clothes, exposing their spouses and children to the harmful mineral, too.

Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to use the substance on their trains into the 1980s and 90s. Unfortunately, a lot of these workers have developed life-threatening diseases as a result of their exposure to the dangerous mineral.

Asbestos victims often have to file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. They can be held liable for failing to warn of the dangers of their products, and for producing asbestos-containing materials that were known to be harmful.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake plant in which the deceased's nephew worked. The family claims that the deceased's uncle often brought his work clothes to his home, and if he wore these clothes his children would play with him and roughhouse him while he was wearing his asbestos-covered work clothes. This lapse in judgment led to mesothelioma cancer that caused the death of the family member.

When asbestos-related diseases such as mesothelioma are diagnosed, workers lose the time they would have been able to enjoy retirement and the final chapters in life. These cases hold companies accountable for having flagrantly disregarding the health and safety requirements of dedicated railroad employees in order to maximize profits.

Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. However, since a proof of injury that is manifest is required to file an FELA claim, many seemingly healthy railroad workers who do not get sick due to asbestos may be unable to file a claim. This is a clear breach to the tort law principle of compensation for those who suffer as a result of 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 lawyers are able to handle claims under different statutes and laws in order to ensure injured workers get the compensation they deserve.

Asbestos was widely used in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was created through cutting and machining of these components, which workers could inhale. This asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma or other asbestos-related illnesses and diseases, they could have state-law claims against their employers as well as the producers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living mesothelioma patients.

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

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

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

Compensation

Asbestos was used extensively in the construction of railroads, especially in steam- and diesel-powered trains. However, it proved to be very deadly for the railway workers who were exposed to the poisonous substance. The material is extremely tough and capable of withstanding immense quantities of heat. However these properties are what make it dangerous for people who work with it.

Because of the toxins in asbestos, it can take years for the symptoms such as mesothelioma or cancer to show up. These illnesses can be extremely expensive for the victims and their families, as they require medical treatment and have to deal with their physical and emotional pain. Asbestos-related ailments can be paid by a variety sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can be awarded financial compensation. These claims can be brought in federal court, or state courts located near the railroad company. The injured party must prove that their employer was negligent and they have the right to financial compensation.

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

This is a civil lawsuit where the victim has to prove that the negligence of their employer caused mesothelioma or other injury. However, a recent case filed before the Supreme Court highlights a roadblock for railroad workers who attempt to make their employers accountable 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. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing because the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak to an attorney about their particular circumstances so they can ensure all of their legal rights are protected.