Why Railroad Asbestos Claims Is Greater Dangerous Than You Think

Railroad Asbestos Claims

Railroad workers often used or worked around asbestos-containing materials because it was a highly durable and heat-resistant substance. However, these same qualities made asbestos poisonous and deadly for those who came in contact with it.

Often, rail employees would carry deadly asbestos dust fibers home on their clothes and hair. This could put their families at risk as well.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material which can cause health problems including cancer. Thankfully, railroad workers can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, with the exception that it is filed against an employer and not an individual defendant like in a criminal case.

The FELA is an act of the federal government that was adopted in 1908 to protect railroad workers injured on the job. FELA differs from state worker's compensation laws in that it protects employees who are injured on the job due to their employer's negligence. It also allows railroad employees to file claims against certain illnesses, such as mesothelioma.

Several railroad companies have been involved in asbestos litigation throughout the years. Amtrak, Transtar and local state and municipal railways are among the railroads which have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies under FELA as well as manufacturers of asbestos-containing products, such as boilers, locomotive parts, and railcar siding.

Certain states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma sufferers are able to file state law claims as well as FELA claims. This allows families to seek compensation from various sources to help pay medical bills, lost wages, asbestos claims after Death and other costs.

It is crucial to find an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining maximum compensation for Asbestos claims after death your injuries. Ken Danzinger, shareholder at the firm, represented the family of a man who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was a laborer who regularly brought home asbestos dust on his clothes and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case, and the family was awarded a significant mesothelioma payout.

Understanding the statute of limitation and your rights in a settlement is essential in the FELA case. Railroads who are defendants frequently try to reduce the amount of money paid to the victim by arguing that they cannot prove that their illness is directly related to the exposure they endured at work. It is essential to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For decades, railroad workers have been suffering from asbestos exposure for years. Although cars now outnumber trains for most passenger travel but the rail network is an essential component of freight transportation. Asbestos has been utilized in the railroad industry for decades to protect engine parts, pipes, and other automobile components.

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

Railroad companies were aware of asbestos's dangers in 1935, yet they continued to use the substance in their trains throughout the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening diseases because of years of occupational exposure.

Asbestos victims typically have to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held responsible for not advising of the dangers associated with their products, or for manufacturing asbestos-containing material that was found to be dangerous.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the deceased's uncle worked. The family alleges that the deceased's uncle often brought work clothes to his home, and if he wore these clothes his children would play with him and roughhouse him while he was wearing his asbestos-covered work clothes. This negligence led to the mesothelioma which caused the death of the family member.

When asbestos-related diseases like mesothelioma are diagnosed, workers lose the time they would have enjoyed retirement and the final years. These cases bring to justice companies that flagrantly disregarded the health and safety of their employees in order to increase their profits.

asbestos claims after death lawsuits against railroads have resulted in compensation claims for injured workers and their families. Because a manifest injury must be proven in order to establish an FELA case, thousands of railroad workers who never been diagnosed with an asbestos-related disease may not be able to make an claim. This is a clear violation to the tort law principle that compensates those who suffer as a result of the actions of others.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, certain railroad workers have state-law claims that may provide additional legal protections. Asbestos lawyers can handle claims under a variety of laws and statutes to ensure that injured workers and their families receive the amount of compensation they are entitled to.

asbestos exposure claim was widely used in railway components like locomotive engines, steam boilers and brakes. Many of these components required machining or cutting which produced airborne asbestos dust which could be inhaled by workers. The asbestos dust may also be inhaled, which can cause lung diseases like mesothelioma.

If railroad workers contract mesothelioma, or any other asbestos-related diseases, they may bring a state-law suit against their employers and manufacturers of the products that exposed them to asbestos. These claims are filed before state courts which are where juries and judges have extensive experience in determining compensation for mesothelioma patients. In addition, state courts frequently offer priority to and swiftly forward cases filed by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welder for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment she used to work on. The family was not able to prevail because the Supreme Court ruled her state-law claim preempted 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 risks associated with the use of asbestos in its products. The Supreme Court dismissed her claims asbestos.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families receive the compensation they deserve. His extensive experience in FELA cases, including those involving asbestos exposure, has helped him achieve millions of dollars in verdicts and settlements for his clients. He is dedicated to helping injured railroad workers and their families recover damages from those responsible for their injuries and illnesses, such as mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

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

It could take a long time for mesothelioma-related symptoms and lung cancer to manifest due to the toxins found in asbestos. These diseases can be extremely costly for victims and their families as they need medical treatment and must deal with their physical and emotional suffering. Fortunately, asbestos-related diseases can receive compensation from a variety of sources.

The most common method for railroad workers injured in an accident to receive financial compensation is through a lawsuit filed with a mesothelioma law firm. These claims can be brought in federal court, or state courts located close to the railroad company. Injured victims must prove their employer was negligent and they have the right 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 claim asbestos where the injured person must 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 want to hold their employers accountable for exposing them asbestos.

In this particular case a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from going forward because the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their specific situation with an experienced lawyer to better ensure all legal rights are protected.