Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often because it was a durable and heat-resistant material. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

Often, rail employees would take asbestos dust that is deadly on their clothes and hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Asbestos is a dangerous material that railroad workers are exposed. asbestos lawyer is known to cause cancer and other health problems. Fortunately, railroad workers are entitled to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but is filed against the employer rather than a defendant like a criminal case.

The FELA is an act of the federal government that was passed in 1908 to protect railroad workers who are injured on the job. FELA differs from state's laws on worker's compensation, since it covers workers who suffer injuries on the job due to their employers negligence. It also permits railroad workers to file claims when they suffer from certain diseases like mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies which have been involved in asbestos litigation over the years. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing products, such as boilers, locomotive parts, and railcar siding.

Some states have their own programs for workers' compensation in addition to federal law. asbestos attorney-related mesothelioma patients are able to file state law claims as well as FELA claims. This permits families to seek compensation from a variety of sources in order to help pay medical bills, lost income and other expenses.

It is essential to choose an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can help you obtain 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 carried asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case and his family was awarded a significant mesothelioma payout.

Understanding the statute of limitation and your rights in a settlement is essential when deciding on the FELA case. The railroads who defend themselves often try to reduce the money that is paid to a victim, claiming they are unable to 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 railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure 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 employed throughout the railroad industry to protect trains, pipes and car parts.

In many instances, railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or fixing. Workers also brought home asbestos dust on their clothes, exposing their spouses and children to the harmful mineral as well.

While railroad companies knew of asbestos' dangers by 1935, they continued to use asbestos on their trains through the 1980s and 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of exposure to asbestos.

Asbestos victims typically have to file FELA claims against the manufacturers of the asbestos-containing equipment they used. These manufacturers can be held accountable for failing to warn about the dangers of their products and for manufacturing asbestos-containing materials that were found to be harmful.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake plant at which the nephew of the deceased worked. The family alleges the deceased's uncle would often bring his asbestos-covered work attire home and his children would roughhouse the man when he was wearing these clothes. This lapse in judgment led to mesothelioma which caused the death of the family member.

When asbestos-related diseases such as mesothelioma are discovered workers are deprived of the time they would have enjoyed retirement and their final years of life. These cases hold accountable businesses that blatantly ignored the safety and health of dedicated railroad employees to increase their profits.

Asbestos suits against railroads resulted in compensation for injured workers and families. Because a manifest injury must be shown to bring a FELA case, countless railroad workers who never suffered from an asbestos attorney-related illness might not be able to file a claim. This is an obvious violation of the fundamental principle of tort law: to compensate those who suffer due to the actions of others' actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law that could provide additional legal protections. Asbestos Lawyers (articlescad.Com) can deal with claims under various statutes and laws to help injured workers receive the compensation they deserve.

Asbestos was utilized in various railway components like locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which resulted in the formation of airborne asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled, causing lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related diseases, they can file a state-law claim against their employers as well as the makers of the products that exposed them to asbestos. These claims are brought before state courts where juries and judges have extensive experience in determining compensation for mesothelioma sufferers. Additionally, state courts often 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 sued the companies that manufactured the asbestos-containing equipment she worked on. The family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing products on which she worked filed a motion for a summary judgment. They asserted that her state law claim was invalid because it did not allege the manufacturer knew of the dangers that come with using asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their loved ones obtain the compensation they deserve. His extensive experience in FELA cases that include asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses, and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, specifically in steam- and diesel-powered trains. However, it proved to be extremely deadly for many railway workers who were exposed to the toxic material. The material is extremely durable and is able to withstand massive amounts of heat. However these properties are what make it hazardous to workers who work with it.

It can take years for symptoms like mesothelioma and lung cancer to manifest because of the toxins in asbestos. These diseases can be extremely costly for victims and their families since they require medical treatment and have to deal with their physical and emotional pain. Asbestos-related ailments can be paid by a variety sources.

The most popular method for railroad workers injured to receive financial compensation is via the filing of a lawsuit by a mesothelioma lawyer firm. These claims can be filed in federal courts or state courts where the railroad company is. An injured victim must be able to prove that their employer's negligence caused their injury, and they are entitled to financial compensation.

Railroad workers are not covered by the standard worker compensation system in a number of states. They can sue their employers 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 injuries. However the recent case that was brought to the Supreme Court highlights a roadblock facing some railroad workers who attempt to make their employers accountable for the exposure they have to asbestos.

In this case the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from proceeding because the claim is based upon FELA which goes over state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk with an attorney about their specific circumstances so that they can be sure that all of their legal rights are secured.