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Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials due to its robust and heat-resistant material. The same characteristics also made asbestos toxic and deadly for those who came into contact with it.

Rail workers frequently 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 attorney is a hazard that railroad workers are exposed to. Asbestos can cause cancer and other health problems. Fortunately, railroad workers are entitled 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 a criminal case.

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

Over the years, many railroad companies have been involved with asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as local state and municipal railroads. Railroad workers can sue these companies and producers of asbestos-containing items such as locomotive parts or boilers.

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

When submitting a FELA claim it is crucial to work with an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma knowledge that can assist you in obtaining maximum compensation for your injuries. Ken Danzinger, a shareholder at the firm, represented the family of a man who worked for the California railroad from 1955 to 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, and it was in 2012 that he developed mesothelioma. Ken was able speed up the case, and the family received a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on an FELA case. The railroads that are defending themselves often try to reduce the amount they pay to the victim, claiming that they can't prove that the illness was caused directly by their negligence on the job. It is essential to seek legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for decades. While cars are now surpassing trains for most passengers but the rail network is a vital part of freight transportation. Asbestos was used throughout the railroad industry to protect pipelines, engines and car components.

Rail workers are often exposed to asbestos as they working with equipment they maintain and repair. Workers also brought home asbestos lawyer dust on their clothes, exposing their children and spouses to the toxic mineral, too.

Railroad companies were aware of asbestos's dangers in 1935, but continued to use the substance in their trains throughout the 1980s and 90s. Unfortunately, a large number of workers are now suffering from life-threatening diseases as a result of years of occupational exposure to the dangerous mineral.

Asbestos victims typically have to file FELA claims with the manufacturers of asbestos-containing equipment with which they worked. These manufacturers can be held liable for failing to warn of the dangers of their products as well as for producing asbestos-containing products that were found to be dangerous.

For instance the family of the BNSF railroad worker who died of mesothelioma filed a suit against Pneumo Abex LLC. The company owned the plant that made brakes where the uncle of the deceased worked. The family alleges the deceased's Uncle often brought his asbestos-covered work attire at home, and his children would beat him when he was wearing these clothes. This lapse of care led to the mesothelioma which killed the family member.

When employees are diagnosed with asbestos-related ailments such as mesothelioma, they're taken away from the time they could have spent enjoying retirement and the last chapters of their lives. These cases are a way to hold the companies accountable for having blatantly neglected the safety and health demands of railroad workers to maximize their profits.

Asbestos lawsuits against railroads resulted in compensations for families and workers who were injured. Since a clearly-defined injury has to be proved in order to establish an FELA case, many railroad workers who have never been diagnosed with an asbestos-related disease may not be able to file an claim. This is a clear breach to the tort law principle that compensates those who suffer as a result of others' actions.

State Law Claims

While federal law is the foundation for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. asbestos lawyers (i loved this) can handle claims under different statutes and laws to help injured workers receive the compensation they deserve.

Asbestos was extensively used in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was created by cutting and machining many of these components, and workers could breathe in. This asbestos attorneys dust can be ingested and cause lung issues such as mesothelioma.

If 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 producers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges possess vast experience in determining the amount of compensation for mesothelioma patients. Additionally, state courts often give priority to and speedily forward cases brought by living plaintiffs.

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

The company that made the asbestos-containing equipment she worked on filed a motion for summary judgment in support of her state-law claim was unconvincing because it did not claim that the manufacturer was aware of the risks of using asbestos in their 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 are entitled to. His vast experience in FELA cases - including those involving asbestos - has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is committed to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively utilized in the design and construction of railways. Unfortunately, it also proved to be very deadly for many railway workers who were exposed to the toxic substance. The material is extremely tough and capable of withstanding immense amounts of heat; however these qualities are what make it hazardous to workers who work with it.

Because of the toxins in asbestos, it could take decades for symptoms like mesothelioma and lung cancer to develop. These diseases can be extremely costly for victims and their families since they require medical treatment and have to deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related diseases can receive 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 close to the railroad's company. An injury victim must be able to demonstrate that the negligence of their employer led to their injury and they are entitled to financial compensation.

Railroad workers aren't covered under the standard workers compensation system in a number of states. Instead, they are legally able to bring an action against their employers under the protections of FELA.

This is a civil lawsuit where the injured person has to demonstrate that the negligence of their employer caused their mesothelioma, or another injuries. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them asbestos.

In this particular case an individual from the family of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based upon FELA which goes over state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their particular circumstances with an experienced attorney to better ensure all legal rights are protected.