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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 to those who came in contact with it.

Rail workers often brought 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 is a hazardous material that railway workers are exposed to. Asbestos can cause cancer and other health problems. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, 9363280 but it is filed against an employer and not an individual defendant like in the case of a criminal.

The FELA was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state worker's compensation laws in that it covers workers injured on the job due to their employer's negligence. It also permits railroad workers to file claims for certain illnesses such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation throughout the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad workers could sue these companies as well as producers of asbestos-containing items like locomotive parts and boilers.

In addition to the federal law, certain 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 seek compensation from multiple sources to help pay medical bills, lost wages, and other expenses.

If you are filing a FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, shareholder at the firm, represented a family of a man who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was an employee who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case, and the family received an enormous mesothelioma settlement.

It is important to be aware of the statute of limitations and your rights to a settlement when dealing with the FELA claim. Railroads that defend themselves often try to reduce the amount they pay to a victim, claiming they are unable to prove that the illness was directly caused by their negligence at work. This is why it is so important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

For decades railroad workers have been suffering from asbestos-related illnesses for a long time. While cars are now surpassing trains for the majority of passenger travel however, the rail system remains an essential component of freight transportation. Asbestos was utilized throughout the railroad industry to insulate train engines, pipes and car components.

In many cases, railroad workers were exposed to asbestos through on-the-job contact with the equipment they were servicing or repairing. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the harmful mineral, too.

Although railroad companies were aware of asbestos' dangers by 1935 but they continued to employ asbestos on their trains through the 1980s and the 1990s. Unfortunately, a large number of workers have now developed life-threatening diseases as a result of their exposure to asbestos, a dangerous mineral.

Asbestos victims typically file FELA claims against manufacturers of the asbestos-containing equipment that they used. The manufacturers could be held accountable for not advising about the dangers that could be posed by their products, as well as for producing asbestos-containing materials that was known to be dangerous.

For example, the family of the BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant at which the deceased's nephew worked. The family claims that the deceased's uncle frequently brought his work clothing at home, and that when the clothes were on his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This lapse of judgment led to mesothelioma cancer that killed the family member.

When asbestos-related diseases such as mesothelioma are discovered workers are deprived of the time they would have had to enjoy retirement and their final years. These cases hold the companies accountable for having blatantly ignored the health and safety requirements of dedicated railroad workers to maximize profits.

Asbestos lawsuits against railroads led to compensations for injured workers and families. However, since a proof of a manifest injury is required for bringing an FELA claim, many seemingly healthy railroad workers who do not suffer from an asbestos-related illness may not be able to bring a claim. This is a clear violation to the tort law principle that compensates those who suffer due to others' actions.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers are able to handle claims under a variety of different statutes and laws to ensure that injured workers and their families get the justice they deserve.

Asbestos was used in a variety of railway components like locomotive engines, brakes, and steam boilers. Asbestos dust was produced by cutting and machining many of these components, which workers could breathe in. The 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 as well as the makers of the products that exposed them to asbestos. These claims are brought before state courts which are where juries and judges possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts typically offer priority to and swiftly forward cases brought by living plaintiffs.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing equipment she used to work on. The family was not able to win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that produced the asbestos-containing equipment she worked on filed a motion for summary judgment and argued that her state law claim was not valid since it did not state that the manufacturer knew the risks of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families get the compensation they deserve. His extensive experience in FELA cases - including those involving asbestos - has allowed him to secure millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injury claims in Illinois, 9363280.Xyz (www.9363280.Xyz) Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the construction and design of railways. Unfortunately, it also proved to be very deadly for the railway workers who were exposed to the poisonous substance. The material is very durable and can withstand huge quantities of heat. However, these qualities are exactly what make it dangerous to those who work with it.

Due to the toxins found in asbestos, it can take decades for signs such as mesothelioma or cancer to manifest. These illnesses can be very costly for 9363280.xyz victims and families, as they require medical attention and have to deal with their physical pain and emotional trauma. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from a variety of sources.

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

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

This is a civil lawsuit in which the person who is injured has to demonstrate that the negligence of their employer caused their mesothelioma, or another injury. However an upcoming case filed before the Supreme Court highlights a roadblock facing some railroad workers who attempt to make their employers accountable for exposure to asbestos.

In this case, the family of a deceased railway employee filed an asbestos lawsuit against PATCO. The Supreme Court's decision 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 claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney about their specific circumstances so that they can be sure that all of their legal rights are protected.