What's The Reason? Railroad Asbestos Claims Is Everywhere This Year

Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials due to its durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly to those who came into contact with it.

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

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railroad workers are exposed. Asbestos is a hazardous material that can cause a variety of health problems such as cancer. Fortunately, railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but it is filed against the employer instead of the defendant in criminal cases.

The FELA is a federal law that was adopted in 1908 to safeguard railroad workers who were injured on the job. FELA differs from state's laws on worker's compensation, as it covers employees who suffer injuries on the job due to their employers negligence. It also permits railroad workers to file claims for certain illnesses, such as mesothelioma.

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

In addition to the federal law, certain 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 allows families to seek compensation from multiple sources to help pay medical bills, lost wages and other expenses.

When filing an FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family of a man who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. He was a worker who brought asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able expedite the case, and the family was awarded a significant mesothelioma compensation.

Understanding the statute of limitation and your rights in a settlement is crucial when deciding on a FELA case. Defendant railroads often try to limit the amount paid to victims by claiming that they can't prove that the illness is directly connected to the exposure they endured 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 effects of asbestos exposure for years. Although cars now outnumber trains for the majority of passenger travel however, the rail system remains an essential element of freight transportation. Asbestos has been utilized in the railroad industry for many years to protect engine parts, pipes and other components of automobiles.

In many instances railroad workers were exposed to asbestos through work-related contact with equipment they were servicing and repairing. Workers brought asbestos dust home on their clothing, which exposed their families to the toxic mineral.

While railroad companies knew of asbestos' dangers as of 1935 however, 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 years of exposure to asbestos.

Asbestos victims frequently are required to file FELA claims against the manufacturers of the asbestos-containing equipment that they used. They could be held accountable for not warning of the risks associated with their products, or for producing asbestos-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant in 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 the man when the clothes were on. This lapse of care led to the mesothelioma that killed the family member.

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

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Since a clearly-defined injury must be proven in order to establish an FELA case, countless railroad workers who never developed an asbestos-related illness may not be able make an claim. This is a clear breach to the tort law principle that compensates the victims of the actions of others.

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 different statutes and laws in order to ensure injured workers receive the compensation they deserve.

Asbestos was utilized in various railway components including locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which created asbestos dust that could be inhaled by workers. The asbestos dust can be ingested and cause lung problems like mesothelioma.

If railroad workers develop mesothelioma, or any other asbestos-related diseases, they may bring a state-law suit against their employers as well as the makers 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 appropriate amount of compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living mesothelioma victims.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She sued the companies who made asbestos-containing products that she worked on. Unfortunately, her family was unable to prevail as the Supreme Court ruled that her state law claim was preempted by FELA.

The company that manufactured the asbestos attorney-containing products for which she worked, filed a motion for a summary judgment. They asserted that her state law claim was invalid since it did not claim the manufacturer knew of the dangers that come with the use of asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and family members of those who suffer from the same obtain the compensation that they deserve. His vast experience in FELA cases including asbestos cases - has helped him to obtain millions of dollars for his clients through verdicts and settlements. He is dedicated to helping railroad workers injured and their families recover damages from those who are 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 extensively used in the construction and design of railroads. It also caused serious harm to many railway workers exposed to the toxic substance. The material is tough and can withstand extreme heat, but these qualities are what makes it dangerous for people who work with them.

It could take years for mesothelioma-related symptoms and lung cancer to manifest due to the toxins that are 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. Asbestos-related diseases can be compensated by a variety sources.

The most common method for injured railroad workers to receive financial compensation is through a lawsuit filed with a mesothelioma law firm. The claims can be filed in federal courts or state courts close to the railroad's company. An injured victim must demonstrate that the negligence of their employer caused their injury, and they are owed financial compensation.

In contrast to other workplace injuries railroad workers don't have access to the traditional workers compensation system in a majority of states. They can sue their employers for compensation under FELA protections.

This is a civil lawsuit in which the person who is injured must prove that the negligence of their employer caused their mesothelioma or other injuries. A recent case before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this particular case a 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 block this lawsuit from progressing because the claim is based on FELA, which trumps state laws regarding asbestos claims. It is still important that railroad workers who have been injured speak to an attorney about their particular situation so they can ensure that their legal rights are secured.