Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a tough and heat-resistant product. The same characteristics also made asbestos poisonous and deadly to anyone who came into contact with it.

Often, rail employees often carry asbestos dust particles that are deadly on their clothes and hair. This could expose their families to danger as well.

Federal Employers Liability Act

Asbestos is a hazard that railroad workers are exposed. Asbestos can cause cancer as well as other health problems. Fortunately, railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer, not an individual defendant as in criminal cases.

The FELA is a federal law that was passed in 1908 to protect railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it protects employees who are injured at work due to their employer's negligence. It also permits railroad workers to file claims if they develop certain illnesses, such as mesothelioma.

Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad workers could sue these companies and manufacturers of asbestos-containing goods like locomotive parts or boilers.

In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma patients are able to file state law claims, as well as FELA claims. This allows families to pursue compensation from a variety of sources to help pay medical bills, lost income, and other expenses.

It is essential to choose a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have a wealth mesothelioma expertise 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 to 1959 as a steam engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothes and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able expedite the case and the family received a significant mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on the FELA case. Railroads that defend themselves often attempt to cut the amount they pay to a victim, by claiming that they can't prove that the illness was caused directly due to their exposure on the job. This is why it is so important to seek legal help from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered from the effects of asbestos exposure for a long time. Rail is still an integral part of freight transport despite the fact that cars are now the most preferred mode of transport for passengers. Asbestos was used throughout the railroad industry to shield train engines, pipes and car components.

In many instances railroad workers were exposed to asbestos from work-related contact with equipment they were servicing and repair. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral.

While railroad companies knew of asbestos lawsuit' dangers by 1935 but they continued to employ asbestos in their trains until the 1980s and 1990s. Unfortunately, many of these workers are now suffering from life-threatening illnesses because of years of occupational exposure.

Asbestos victims frequently are required to file FELA claims against manufacturers of the asbestos-containing equipment that they used. They could be held liable for not warning of the dangers associated with their products, and for producing asbestos-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company owned the plant that made brakes where the deceased's uncle worked. The family claims that the deceased's uncle frequently brought work clothes home, and when they were wearing these clothes his children would play with him and roughhouse him while wearing asbestos lawsuit-covered work clothes. This lapse of judgment led to mesothelioma which caused the death of the family member.

When workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the last chapters of their lives. These cases bring to justice corporations that have blatantly disregard for the health and safety of railroad workers to maximize their own profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Because a manifest injury must be shown in order to establish a FELA case, many railroad workers who never developed an asbestos-related illness may not be able to make an claim. This is a clear violation of the underlying principle of tort law, which is to compensate people who suffer as a result of other' actions.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, some railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers are able to handle claims under different statutes and laws in order to ensure injured workers receive the compensation they deserve.

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

When railroad workers suffer from mesothelioma or any other asbestos-related illness in their lifetime, they may be able to file state-law claims against their employers as well as the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. State courts also give priority to cases that are filed by living victims.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who manufactured asbestos-containing products that she worked on. Her family was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing products for which she worked, filed an application for a summary judgment. They asserted that her state law claim was not valid because it did not allege the manufacturer knew of the risks associated with the use of asbestos in its products. The Supreme Court dismissed her claims.

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

Compensation

Asbestos was extensively used in the construction and design of railways. However, it proved to be extremely deadly for many railway workers who were exposed to the toxic substance. The material is durable and is able to be able to withstand extreme heat, however these properties makes it dangerous for people who work with them.

Due to the toxins present in asbestos, it may take decades for signs such as mesothelioma or lung cancer to show up. These diseases can be extremely expensive for families and victims, as they require medical attention and have to deal with their physical and emotional pain. Fortunately, asbestos lawsuit-related diseases are eligible for compensation through various sources.

The most common method for railroad workers injured in an accident to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal court, or state courts located near the railroad company. An injured victim must be able to prove that their employer's negligence caused their injury, and they are owed financial compensation.

In contrast to other types of workplace injuries railroad workers do not have access to the standard workers compensation system in a majority of states. They can sue their employers for compensation under FELA protections.

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

In this particular case, 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 this lawsuit from moving forward because the claim is based on FELA which overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney about their particular situation so they can ensure that their legal rights are secured.