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Railroad Asbestos Claims

Railroad workers often used or 9363280 worked around asbestos-containing materials because it was a highly durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly for those who came into contact with it.

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

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately, railroad workers are eligible for compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit however, it is filed against the employer, not an individual defendant as in a criminal case.

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

Over the years, a number of railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad employees are able to sue these companies under FELA as well as manufacturers 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 sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources in order to help pay for 9363280 medical bills, lost income, and other expenses.

When submitting a FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a laborer who regularly brought asbestos dust to his home on his clothes and in his hair. Eventually, 9363280 it was in 2012 that he developed mesothelioma. Ken was able speed up the case and 9363280.Xyz the family was awarded a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential in an FELA case. Railroads that are defending themselves often attempt to limit the amount of money paid to the victim by claiming that they cannot prove that the illness is directly connected to the exposure they endured at work. It is essential to seek legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for decades. While cars are now surpassing trains for most passenger travel, the rail network remains an essential element of freight transportation. Asbestos was utilized throughout the railroad industry to insulate trains, pipes and car parts.

Rail workers are frequently exposed to asbestos through their working with equipment they maintain and repair. Workers brought asbestos dust home on their clothing, exposing their families to the toxic mineral.

While railroad companies knew of the dangers of asbestos by 1935 however, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases as a result of years of occupational exposure to the hazardous mineral.

Asbestos victims often are required to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. They can be held accountable for their failure to warn about the dangers of their products as well as for producing asbestos-containing products that were known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company owned the brake manufacturing plant where the deceased's uncle worked. The family claims that the deceased's uncle frequently brought work clothes at home, and that when they were wearing these clothes, 9363280.xyz his children would play with him and roughhouse him when wearing asbestos-covered work clothing. This lapse of judgment led to mesothelioma which caused the death of the family member.

When workers are diagnosed with asbestos-related ailments like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold the companies accountable for having blatantly neglected the safety and health requirements of dedicated railroad workers to maximize profits.

Asbestos suits against railroad companies led to compensations for families of injured workers. Unfortunately, because a showing of a manifest injury is required for bringing a FELA claim, many seemingly healthy railroad workers who never develop an asbestos-related disease might not be able to bring an claim. This is a clear breach of the tort law principle of compensation for those who suffer as a result of other people's actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers are able to deal with claims under a range of different laws and statutes to ensure injured workers and their families receive the justice they deserve.

Asbestos was extensively 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 breathed in by workers. The asbestos dust could be inhaled and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers and the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. Additionally, state courts often give priority to and quickly move cases filed by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welding worker for PATCO Railroad. She filed a lawsuit against the companies that produced asbestos-containing products that she worked with. However her family was unable to prevail as the Supreme Court ruled that 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 judgement and argued that her state law claim was unconvincing because it did not allege that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their loved ones of those people receive the compensation they deserve. His extensive background in FELA cases, including those involving asbestos exposure, has helped him obtain 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 responsible for 9363280 their injuries, illnesses, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the design and construction of railways. However, it proved to be very deadly for many railway workers who were exposed to the poisonous substance. The material is strong and can endure extreme heat, but these properties make it dangerous for the people who work with them.

Due to the toxins found in asbestos, it may take decades for signs like mesothelioma and lung cancer to show up. These conditions can be very expensive for patients and their families as they require medical treatment and are faced with physical and emotional pain. Fortunately, those suffering from asbestos-related diseases are eligible for compensation through various sources.

The most popular method for railroad workers injured to get financial compensation is through a lawsuit filed by a mesothelioma lawyer firm. These claims can be brought in federal court or state courts close to the railroad company. A victim of injury must demonstrate that the negligence of their employer caused their injury, and they are entitled to financial compensation.

As opposed to other types of workplace injuries, railroad workers do not have access to the typical workers compensation system in a majority of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This is a civil claim where the victim has to prove that the negligence of their employer caused their mesothelioma or another injury. However an upcoming case filed before the Supreme Court highlights a roadblock that railroad workers face when they attempt to claim their employers are responsible for exposing them to asbestos.

In this case the family of a deceased railway employee filed an asbestos lawsuit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA which overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured talk with an attorney about their particular situation so they can be sure that all of their legal rights are protected.