7 Things You’ve Never Knew About Railroad Asbestos Claims

Railroad Asbestos Claims

Railroad workers often used or worked with asbestos-containing products because it was a robust and heat-resistant material. The same properties also made asbestos poisonous and deadly to those who came in contact with it.

Rail workers frequently carried asbestos dust particles home on their clothes or in their hair. This could put their families at risk as well.

Federal Employers Liability Act

Asbestos is a hazard that railway workers are exposed to. Asbestos is a hazard that can cause many illnesses, including cancer. Fortunately, railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but is filed against the employer rather than a defendant like a criminal case.

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 differs from state worker’s compensation laws in that it covers employees who are injured on the job because of their employer’s negligence. It also permits railroad workers to file claims for specific diseases like mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad workers could sue these companies and manufacturers of asbestos-containing products like locomotive parts or boilers.

In addition to the federal law, certain states have their own worker’s compensation programs. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from multiple sources to pay medical expenses, lost wages and other costs.

When filing the FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy’s attorneys have an extensive knowledge of mesothelioma and can assist you in getting the maximum amount of compensation for your injuries. Ken Danzinger, a shareholder at the firm represented an individual whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a laborer who frequently brought home asbestos dust on his clothes and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able to speed up the case and his family received a significant mesothelioma payout.

Understanding the statute of limitations and your rights in a settlement is essential in a FELA case. Railroads that are defending themselves often attempt to limit the amount of money paid to victims by claiming that they cannot prove that their illness is directly linked to the exposure they endured at work. This is why it is so important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered from the ravages of asbestos exposure for years. While cars are now surpassing trains for most passenger travel but the rail network is a vital part of freight transportation. Asbestos was utilized throughout the railroad industry to protect train engines, pipes and car components.

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

Railroad companies were aware of asbestos’ dangers in 1935, but they continued to use the material on their trains into the 1980s and 90s. Unfortunately, 9363280.xyz many of these workers are currently suffering from serious illnesses due to years of occupational exposure.

Asbestos victims typically file FELA claims with the makers of asbestos-containing equipment on which they worked. The manufacturers could be held accountable for their failure to warn of the dangers of their products, and for producing asbestos-containing materials that were known to be harmful.

For instance the family of the BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company owned the plant that made brakes where the deceased’s uncle worked. The family alleges that the deceased’s uncle regularly brought his work clothing to his home, and if he wore these clothes his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This negligence led to mesothelioma which caused the death of the family member.

When asbestos-related diseases like mesothelioma are diagnosed workers lose the time they enjoyed retirement and the final years. These cases make companies accountable for having flagrantly neglected the safety and health requirements of dedicated railroad workers in order to maximize their profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clear injury has to be proved to bring an FELA case, countless railroad workers who never developed an asbestos-related illness may not be able make an claim. This is an obvious 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 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 deal with claims under a range of laws and statutes to ensure 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 9363280.xyz (Https://Www.9363280.Xyz/) brakes. Many of these components required cutting or machining which produced airborne asbestos dust that could be inhaled by workers. The asbestos dust may also be inhaled, which can cause lung problems such as mesothelioma.

When railroad workers suffer from mesothelioma, or other asbestos-related diseases and diseases, they could have state-law claims against their employers as well as the manufacturers of the products that exposed them asbestos. These claims are brought before state courts where juries and judges have extensive experience in determining compensation for mesothelioma patients. State courts also have priority to cases and advance filing by living victims.

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

The company that made the asbestos-containing products for which she worked filed an application for a summary judgment. They argued that her state law claim was not valid because it did not state that the manufacturer was aware of the dangers associated with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their family members of those who suffer from the same get the compensation they deserve. His extensive experience in FELA cases which include asbestos exposure, has helped him achieve millions of dollars in settlements and verdicts for his clients. He is committed to helping railroad workers and their families obtain damages from those who are accountable for their injuries, illnesses, and 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, particularly in diesel- and steam-powered trains. However, it proved to be extremely dangerous for many railway workers who were exposed to the poisonous material. The material is extremely durable and capable of withstanding immense amounts of heat. However, these qualities are exactly what make it hazardous to those who work with it.

Due to the toxins present in asbestos, it can take years for the symptoms such as mesothelioma or lung cancer to manifest. These conditions can be very costly for victims and www.9363280.xyz their families since they require medical care and are faced with physical and emotional discomfort. Asbestos-related ailments can be paid through a variety of sources.

The most common way for injured railroad workers to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These claims can be filed in federal courts or state courts where the railroad company is. The injured party must prove that their employer was negligent and that they are entitled to financial compensation.

As opposed to other types of workplace injuries railroad workers don’t have access to the typical workers’ compensation system in most states. They can sue their employers under FELA protections.

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

In this particular case, a family member of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court’s ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from proceeding because the claim is based upon FELA which goes over state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their particular circumstances with an experienced lawyer so that they can better ensure all legal rights are secured.