5 Must-Know Practices For Railroad Asbestos Claims In 2023

Railroad Asbestos Claims

Railroad workers often utilized or worked around asbestos bankruptcy trust claims-containing materials because it was a highly durable and heat-resistant material. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

Rail employees often carried asbestos dust particles home on their clothes or in their hair. This could put their families in danger as well.

Federal Employers Liability Act

Asbestos is a hazard that railway workers are exposed to. Asbestos is a hazard that can cause a variety of illnesses such as cancer. Fortunately railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, except that it is filed against an employer, not a defendant as in the case of a criminal.

The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers who are injured on the job. FELA is different from state's laws on worker's compensation, since it covers workers who are injured on the job because of their employers negligence. It also allows railroad employees to file claims against certain illnesses, such as mesothelioma.

Several railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations like Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad employees are able to sue these companies under FELA as well as producers of asbestos-containing products, such as boilers, locomotive parts, and railcar siding.

In addition to the federal law, a few states have their own worker's compensation programs. asbestos poisoning claims sufferers are able to claim mesothelioma under state law in addition to FELA claims. This allows families to seek compensation from multiple sources to pay medical expenses, lost wages and other costs.

It is important to hire an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can help you obtain most compensation for your injury. Ken Danzinger, 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 frequently brought asbestos dust to his home on his clothes and railroad Asbestos claims in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able speed up the case and the family was awarded a substantial mesothelioma settlement.

It is important to be aware of the statute of limitations and your rights to a settlement when dealing with a FELA claim. The railroads who defend themselves often try to reduce the money that is paid to the victim, claiming they cannot prove the illness was directly caused by their exposure to the work environment. It is important to seek the legal advice of a knowledgeable railroad lawyer.

asbestos claim after death Manufacturers

For decades railroad workers have suffered from the effects of asbestos exposure. Although cars now outnumber trains for the majority of passengers, the rail network remains an essential component of freight transportation. Asbestos was utilized throughout the railroad industry to shield pipelines, engines and car parts.

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

While railroad companies knew of asbestos' dangers as of 1935, they continued to use asbestos on their trains through the 1980s and 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases as a result of exposure to the dangerous mineral.

Asbestos victims typically file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. The manufacturers could be held liable for failing to warn of the risks associated with their products, or for producing asbestos-containing materials that was recognized as dangerous.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company owned the brake plant at which the nephew of the deceased worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire home and his children would beat him when he was wearing these clothes. This negligence led to the mesothelioma that killed the family member.

If workers are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad workers in order to maximize profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a clear injury has to be proved to be able to bring the possibility of a FELA case, countless railroad workers who have never suffered from an asbestos-related illness might not be able make an claim. This is clearly in violation of the fundamental principle of tort law, which is to compensate those who suffer because of others' actions.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws to ensure injured workers receive the compensation they deserve.

Asbestos was widely used in railway components, such as locomotive engines, steam boilers and brakes. Many of these components required machining or cutting which created asbestos dust that could be inhaled by workers. The asbestos mesothelioma claim dust may also be inhaled, which can cause lung issues like mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related diseases, they may bring a state-law suit against their employers and the manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the proper compensation for mesothelioma victims. State courts also offer priority to cases and advance filing by living mesothelioma patients.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who made asbestos-containing products that she worked on. Her family was unable win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing equipment that she worked on filed a motion for summary judgment in support of her state-law claim was not viable because it did not claim that the company knew about 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 loved ones obtain the compensation they deserve. His extensive experience in FELA cases, including those involving asbestos exposure, has allowed him how to file an asbestos claim secure millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers injured and their loved ones recover damages from the parties responsible for their ailments and injuries, including mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction of railroads, especially in diesel- and steam-powered trains. Unfortunately, it also proved to be extremely deadly for railway workers who were exposed to the poisonous material. The material is durable and can be able to withstand Railroad Asbestos Claims extreme heat, however these qualities are what makes it dangerous for people who work with them.

Due to the toxins found in asbestos, it can take decades for symptoms such as mesothelioma or cancer to show up. These diseases can be extremely expensive for the victims and their families, as they need medical treatment and must deal with their physical and emotional suffering. Fortunately, victims of asbestos-related diseases are eligible for compensation from a variety of sources.

The most common way for railroad workers injured in an accident to receive financial compensation is via an action filed with a mesothelioma law firm. These lawsuits can be filed in federal courts or state courts in which railroad companies are located. An injury victim must be able to prove that the negligence of their employer caused their injury, and they are entitled to financial compensation.

Railroad workers are not covered by the standard workers compensation system in a number of states. They are instead legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the injured person must show that negligence by their employer caused their mesothelioma, or another injury. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them asbestos.

In this case the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their particular circumstances with an experienced lawyer so that they can better ensure that all legal rights are protected.