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Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a tough and heat-resistant product. These same qualities also made asbestos toxic and deadly for those who came in contact with it.

Often, rail employees would carry asbestos attorneys dust that is deadly with them on their clothes and hair. This could expose their families to danger as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer as well as other health issues. Thankfully, railroad workers can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, however, it is filed against the employer, not a defendant like a criminal case.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state's worker's compensation laws because it protects employees who are injured at work due to the negligence of their employers. It also permits railroad workers to file claims for specific illnesses, such as mesothelioma.

A number of railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations like Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers can sue these companies and producers of asbestos attorneys-containing items like locomotive parts and boilers.

In addition to the federal law, some 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 allows families to pursue compensation from various sources to help pay medical expenses, lost income and other expenses.

It is important to hire an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining maximum 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 to 1959 as a steam engine scrapper. He was a laborer who frequently brought asbestos dust home on his clothing and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to expedite the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on the FELA case. Railroads that are defending themselves often attempt to limit the amount of money paid out to a victim by claiming that they can't prove that the illness is directly connected to the exposure they endured at work. It is important to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have suffered from asbestos exposure for years. Although cars now outnumber trains for most passenger travel however, the rail system remains an essential element of freight transportation. Asbestos was used throughout the railroad industry to shield train engines, pipes and car parts.

Rail workers are often exposed to asbestos through their work with equipment that they service and repair. Workers wore asbestos dust on their clothing, exposing their families to the poisonous mineral.

While railroad companies knew of the dangers of asbestos by 1935 however, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, many of these workers are now suffering from life-threatening illnesses as a result years of exposure to asbestos in the workplace.

asbestos lawyers victims frequently file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. These manufacturers may be held liable for failing to warn about the dangers that could be posed by their products, or for producing asbestos-containing material that was found 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 at which the nephew who died worked. The family alleges the deceased's uncle often brought his asbestos-covered work clothing home and his children would roughhouse him when he was wearing these clothes. This lapse in judgment led to mesothelioma cancer that killed the family member.

When employees are diagnosed with asbestos attorneys-related illnesses such as mesothelioma, they're taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold companies accountable for having flagrantly neglected the safety and health requirements of dedicated railroad workers to maximize profits.

Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Because a manifest injury must be proven to bring an FELA case, many railroad workers who have never developed an asbestos-related illness may not be able make an claim. This is a clear violation of the tort law principle that pays those who suffer due to others' actions.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos lawyers can deal with claims under various statutes and laws to ensure injured workers receive the compensation they need.

Asbestos was utilized in a variety of railway components including locomotive engines, brakes, and steam boilers. A lot of these components required cutting or machining which produced airborne asbestos dust that could be inhaled by workers. This asbestos dust can be ingested and cause lung problems like mesothelioma.

If railroad workers develop mesothelioma, or any other asbestos-related diseases, they may bring a state-law suit 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. State courts also give priority and advance cases filed by living mesothelioma patients.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She brought a lawsuit against the companies who produced asbestos-containing products she worked on. Her family was unable prevail because the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing products for which she worked filed an application for a summary judgment. They argued that her state law claim was not valid because it did not state that the manufacturer was aware of the dangers that come with using asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the family members of those who suffer from the same obtain the compensation that they deserve. His extensive experience in FELA cases which include asbestos - has allowed him to obtain millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those accountable for their injuries, illnesses and mesothelioma. He has been successful in handling railroad injury claims 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 many railway workers who were exposed to the toxic material. The material is tough and can endure extreme heat, but these characteristics make it dangerous for the people who work with them.

It could take years for symptoms like mesothelioma and lung cancer to show up due to the toxins found in asbestos. These illnesses can be very expensive for the families of victims because they require medical treatment and have to endure physical and emotional pain. Fortunately, asbestos-related illnesses are eligible for compensation through various sources.

The most common way for railroad workers injured to receive financial compensation is via a lawsuit filed with a mesothelioma law firm. These lawsuits can be filed in federal courts or state courts in which a railroad company is located. Injured victims must prove their employer was negligent and that they have the right to financial compensation.

Railroad workers are not covered by the standard worker compensation system in many states. Rather, these workers are eligible to file a lawsuit against their employers under the protections of FELA.

This is a civil claim where the victim must prove that their employer's negligence caused their mesothelioma or any other injuries. However an upcoming case filed before the Supreme Court highlights a roadblock that railroad workers face when they try to claim their employers are responsible for the exposure they have to asbestos.

In this particular case, a family member of a 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 prevent the lawsuit from proceeding because the claim is based on FELA, which trumps state laws regarding asbestos claims. However, it is crucial for injured railroad workers to discuss their specific situation with an experienced lawyer to better ensure that their legal rights are secured.