The Reasons Railroad Asbestos Claims Is Everywhere This Year

Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a tough and heat-resistant material. The same properties also made asbestos poisonous and deadly to anyone who came into contact with it.

Rail workers frequently carried asbestos dust particles to their homes on their clothes or in their hair. This could put their families in danger as well.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is a hazard that can cause a variety of illnesses such as cancer. Fortunately, railroad employees can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries 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 passed in 1908 to safeguard railroad workers who are injured on the job. FELA is different from state's laws on worker's compensation, because it protects employees who are injured on the job due to their employers ' negligence. It also permits railroad workers to file claims for specific illnesses, such as mesothelioma.

Over the years, many railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation throughout the years. Railroad workers could sue these companies as well as manufacturers of asbestos-containing products such as locomotive parts or boilers.

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

When submitting an FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was a worker who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is essential in the FELA case. Railroads that are defending themselves often attempt to reduce the amount of money paid to victims by claiming that they can't prove that their illness is directly linked to their work-related exposure. It is crucial to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have suffered from the effects of asbestos exposure. Rail is still an integral part of freight transportation even though automobiles are now the most popular mode of travel for passengers.  Dothan asbestos lawsuits  was used in the railroad industry for decades to insulate engine parts pipes and automobile components.

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

While railroad companies were aware of the dangers of asbestos by 1935, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases due to years of exposure to asbestos in the workplace.

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

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. The company was the owner of the plant that made brakes where the uncle who died worked. The family alleges that the deceased's uncle often brought his work clothing home, and when the clothes were on, his children would play with the deceased and roughhouse him as wearing his asbestos-covered work clothes. This negligence led to mesothelioma that killed the family member.

When asbestos-related diseases such as mesothelioma is diagnosed workers are deprived of the time they would have had to enjoy retirement and the final years of life. These cases make companies accountable who have flagrantly neglected the safety and health demands of railroad workers in order to maximize profits.

Asbestos suits against railroad companies resulted in compensation for injured workers and families. Because a manifest injury must be proven to bring a FELA case, thousands of railroad workers who have not been diagnosed with an asbestos-related disease may not be able to make an claim. This is a clear infringement 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, a few railroad workers are covered by state law which may offer additional legal protections. Asbestos attorneys can deal with claims under a range of laws and statutes to ensure injured workers and their families get the amount of compensation they are entitled to.

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 inhale. The asbestos dust can be ingested and cause lung problems like mesothelioma.

When railroad workers suffer from mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers as well as the companies that made 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 compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and quickly advance cases filed by living plaintiffs.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding technician for PATCO Railroad. She filed a lawsuit against the companies that produced asbestos-containing products that she worked on. However her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that produced the asbestos-containing products on which she worked filed a motion for a summary judgment. They claimed that her state law claim was not valid since it did not claim the manufacturer knew of the dangers that come with asbestos being used in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families get the compensation they are entitled to. His extensive experience in FELA cases - including those involving asbestos has helped him obtain millions of dollars for his clients in verdicts and settlements. 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 steam- and diesel-powered trains. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive quantities of heat. However, these qualities are exactly the reason it is dangerous for people who work with it.

Due to the toxins present in asbestos, it could take decades for symptoms like mesothelioma and lung cancer to show up. These diseases can be extremely costly for victims and families who require medical treatment and to deal with their physical pain and emotional trauma. Fortunately, victims of asbestos-related diseases can receive compensation from a variety of sources.

The most popular method for railroad workers injured in an accident to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal court or state courts where the railroad company is. 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 by the standard workers compensation system in many states. Rather, these workers are qualified to file an action against their employers under the protections of FELA.

This is a civil claim where the injured person must demonstrate that the negligence of their employer caused mesothelioma or any other injuries. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers accountable for exposing them asbestos.

In this particular case, a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from progressing since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific circumstances with an experienced lawyer to better ensure that all legal rights are protected.