Why Railroad Asbestos Claims Is Everywhere This Year

Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often because it was a durable and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for those who came into contact with it.

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

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed how to claim for asbestos exposure asbestos. Asbestos can cause cancer and other health problems. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, with the exception that it is filed against an employer and not an individual defendant like in criminal cases.

The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA is different from state's laws on worker's compensation, as it covers employees who are injured on the job because of their employers negligence. Additionally, railroad employees are able to file claims for certain illnesses, such as mesothelioma.

Numerous railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing items like boilers, locomotive parts, and railcar siding.

Some states have their own programs for Asbestos Disease Claims workers' compensation in addition to federal law. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from various sources to help pay medical expenses, lost income and other expenses.

It is crucial to find a lawyer with experience 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, a shareholder at the firm represented the family of a man who worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was a laborer who often brought asbestos dust home on his clothing and in his hair. Then, the cancer was diagnosed in 2012. Ken was able to expedite the case, and the family received a substantial mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is crucial when dealing with an FELA case. The railroads that are defending themselves often attempt to cut the amount of money paid to a victim, by claiming that they can't prove that the illness was directly caused due to their exposure at work. This is why it is important to seek legal advice from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for a long time. Rail is still a vital component of freight transportation even though cars are the most popular mode of travel for passengers. Asbestos has been used in the railroad industry for decades to protect engine parts, pipes and other components of automobiles.

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

Railroad companies were aware of asbestos compensation claims's dangers in 1935, but continued to use the material on their trains through the 1980s and 90s. Sadly, many of these workers have developed life-threatening illnesses as a result of years of occupational exposure to the hazardous mineral.

Asbestos victims frequently have to file FELA claims against the makers of the asbestos-containing equipment they used. These manufacturers may be held liable for failing to warn about the dangers that could be posed by their products, as well as for manufacturing asbestos-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company owned the brake manufacturing plant where the uncle who died worked. The family alleges that the deceased's uncle often brought his work clothing to his home, and if the clothes were on, his children would play with him and roughhouse him when he was wearing his asbestos-covered work clothes. This negligence led to the mesothelioma cancer that killed the family member.

When asbestos claims for deceased-related diseases like mesothelioma are diagnosed workers lose the time they been able to enjoy retirement and their final years of life. These cases make companies accountable who have flagrantly neglected the safety and health demands of railroad workers to maximize profits.

Asbestos lawsuits against railroad companies have resulted in compensation for injured workers and their families. Because a manifest injury has to be proved in order to establish a FELA case, countless railroad workers who have not been diagnosed with an asbestos-related disease may not be able make a claim. This is a clear infringement of the tort law principle that compensates those who suffer as a result of others' actions.

State Law Claims

While federal law is the foundation for most asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can deal with claims under a range of different statutes and laws to help injured workers and their families get the justice they deserve.

Asbestos was widely used in railway components, such as locomotive engines, steam boilers and brakes. A lot of these components required cutting or machining which produced airborne asbestos dust that could be inhaled by workers. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma.

If railroad workers contract mesothelioma, or any other asbestos-related illnesses, they can make a claim under the state law against their employers and 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 the amount of compensation for mesothelioma sufferers. State courts also have priority to cases and advance filing by living mesothelioma patients.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She sued the companies that produced the asbestos Disease claims-containing equipment that she worked on. However her family was unable to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.

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

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those people receive the compensation they deserve. His vast experience in FELA cases that include asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families obtain 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 used extensively in the construction of railroads, particularly in diesel and steam-powered trains. However, it proved to be very deadly for many railway workers who were exposed to the toxic material. The material is tough and is able to be able to withstand extreme heat, however these characteristics make it dangerous for the people who work with them.

Because of the toxins in asbestos, it could take decades for symptoms such as mesothelioma or lung cancer to manifest. These illnesses can be very costly for victims and families, as they require medical attention and have to bear the physical pain and emotional suffering. Fortunately, asbestos-related diseases can receive compensation through various sources.

The most common method for railroad workers injured in an accident to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal court or state courts close to the railroad's company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in a lot of states. They can sue their employers under FELA protections.

This is a civil action where the victim has to prove that their employer's negligence caused their mesothelioma, or any other injuries. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them to asbestos.

In this particular case, the 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 stop the lawsuit from proceeding since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important that railroad workers who have been injured discuss their specific circumstances with an experienced attorney to better ensure that all legal rights are secured.