The Reasons Railroad Asbestos Claims Is The Main Focus Of Everyone…

Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot because it was a tough and heat-resistant material. But, these same qualities made asbestos a deadly and toxic material for those who came in contact with it.

In many cases, rail workers often carry deadly asbestos claims law dust fibers home on their clothes and in their hair. This could also put their families at risk.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is a hazard which can cause illnesses such as cancer. 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, with the exception that it is filed against an employer, not the defendant in the case of a criminal.

The FELA is a federal law that was passed in 1908 to safeguard railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers employees who are injured on the job due to the negligence of their employers. It also allows railroad workers to file claims if they suffer from certain ailments such as mesothelioma.

Several railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroads that have been involved in asbestos litigation throughout the years. Railroad workers may sue these companies, as well as the manufacturers of asbestos-containing products like locomotive parts and boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related mesothelioma patients are able to file state-law claims, as well as FELA claims. This permits families to seek compensation from multiple sources to help pay medical expenses, lost wages and other costs.

It is important to hire a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can help you obtain maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented an individual whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a laborer who often brought home asbestos dust on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case and his family received an important mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on an FELA case. Railroads who are defendants frequently try to limit the amount of money paid to victims by claiming that they cannot prove that their illness is directly related to the exposure they endured at work. This is why it is so important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for poison decades. Rail is still an integral part of freight transport even though cars are now the most popular mode of transport for passengers. Asbestos was employed throughout the railroad industry to shield trains, Poison pipes and car components.

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

Railroad companies were aware of the dangers associated with asbestos in 1935, yet they continued to employ the material on their trains through the 1980s and 90s. Sadly, many of these workers have developed life-threatening diseases as a result of their exposure to the hazardous mineral.

Asbestos victims often have to file FELA claims against the manufacturers of the asbestos-containing equipment they worked on. They can be held accountable for their failure to warn about the dangers of their products, and for manufacturing asbestos-containing materials that were found to be dangerous.

For instance, the family of a BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant at which the nephew who died worked. The family claims that the deceased's uncle often brought work clothes to his home, and if the clothes were on, his children would play with him and roughhouse him while wearing his asbestos-covered work clothes. This negligence led to mesothelioma cancer that killed the family member.

If workers are diagnosed with asbestos-related ailments like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold accountable companies that flagrantly disregarded the health and safety of their employees in order to increase their profits.

Asbestos suits against railroads led to compensations for injured workers and families. Because a manifest injury must be proven 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 claims. This is an obvious violation of the basic principle of tort law, which is to compensate people who suffer as a result of other' actions.

State Law Claims

While federal law is the foundation for most asbestos exposure claims lawsuits, a few railroad workers are covered by state law that may provide additional legal protections. Asbestos attorneys can deal with claims under a range of laws and statutes to help injured workers and their families receive the amount of compensation they are entitled to.

Asbestos was extensively used in railway components like locomotive engines, steam boilers and brakes. A lot of these components required machining or cutting which produced airborne asbestos dust that could be inhaled by workers. The asbestos dust may also be inhaled, causing lung problems such as mesothelioma.

If railroad workers develop mesothelioma or other asbestos-related illnesses, they can file a state-law claim against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed before state courts where juries and judges possess vast experience in determining the amount of compensation for mesothelioma patients. State courts also offer priority to cases that are filed by living mesothelioma patients.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing products she worked with. Her family was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos insurance claim-containing equipment she worked on filed an application for summary judgment in support of her state-law claim was not viable because it did not allege 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 asbestos cases - has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is dedicated to helping injured railroad workers and their families collect damages from those who are responsible for their ailments and injuries, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction and design of railways. However, it proved to be extremely deadly for railway workers who were exposed to the poisonous material. The material is extremely tough and can withstand huge quantities of heat. However these properties are what make it hazardous for workers who work with it.

Due to the toxins present in asbestos, it may take decades for symptoms like mesothelioma and lung cancer to show up. These diseases can be extremely expensive for the victims and their families since they need medical treatment and are faced with physical and emotional pain. Fortunately, victims of asbestos-related diseases are eligible for compensation through various sources.

A mesothelioma lawyer is the most common way that injured railroad workers are able to receive financial compensation. The claims can be filed in federal courts or state courts in which railroad companies are located. The injured party must prove that their employer was negligent and they are entitled to financial compensation.

Unlike most other types of workplace injuries railroad workers don't have access to the standard workers' compensation system in most states. Instead, they are eligible to file a lawsuit against their employers under the protections of FELA.

This kind of claim is a civil action where the victim must prove that negligence by their employer led to their mesothelioma or another injury. However the recent case that was that was brought before the Supreme Court highlights a roadblock that railroad workers face when they try to hold their employers accountable for exposure to asbestos.

In this particular instance, an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their specific circumstances with an experienced lawyer so that they can better ensure all legal rights are protected.