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Railroad Asbestos Claims
Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. However, these same qualities made asbestos a deadly and toxic material for anyone who came into contact with it.
Rail workers frequently brought deadly asbestos dust fibres to their homes on their clothes or in their hair. This could expose their families to 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 employees can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, with the exception that it is filed against an employer rather than the defendant in criminal cases.
The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state's laws on worker's compensation, since it covers workers who suffer injuries at work due to the negligence of their employers. It also allows railroad employees to file claims if they suffer from certain diseases like mesothelioma.
Numerous railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations like Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers could sue these companies as well as manufacturers of asbestos-containing products such as locomotive parts or boilers.
Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related victims can claim mesothelioma under state law in addition to FELA claims. This allows families to seek compensation from a variety of sources to pay for medical bills, lost wages and other expenses.
If you are filing an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's attorneys have an extensive knowledge of mesothelioma and can help you get 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 to 1959 as a steam engine scrapper. He was an employee who brought asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case and his family received an important mesothelioma compensation.
Understanding the statute of limitation and your rights in a settlement are crucial when dealing with a FELA case. Defendant railroads often try to limit the amount paid to the victim by claiming that they can't prove that their illness is directly linked to their work-related exposure. It is important to seek legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
For many years railroad workers have been suffering from the effects of asbestos exposure. Although cars have now surpassed trains for most passengers, the rail network remains a vital part of freight transportation. Asbestos has been used in the railroad industry for many years to protect engine parts, pipes, and other automobile components.
In many cases, railroad workers were exposed to asbestos from work-related contact with equipment they were servicing and repair. Workers also brought asbestos dust home on their clothes, which exposed their children and spouses to the harmful mineral too.
Although railroad companies were aware of asbestos' dangers as of 1935, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, a lot of these workers are currently suffering from serious illnesses as a result years of occupational exposure.
Asbestos victims frequently are required to file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. The manufacturers could be held accountable for their failure to warn consumers about the dangers of their products, and for manufacturing asbestos-containing materials that were known to be dangerous.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company was the owner of the brake manufacturing plant where the deceased's uncle worked. The family alleges that the deceased's uncle often brought his work clothes at home, and that when the clothes were on his children would play with him and roughhouse him while he was wearing asbestos-covered work clothing. This negligence led to mesothelioma which killed the family member.
When asbestos-related diseases like mesothelioma are discovered workers are deprived of the time they enjoyed retirement and their final years. These cases are a way to hold accountable businesses that blatantly ignored the safety and health of dedicated railroad employees to maximize their own profits.
Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a clearly-defined injury must be shown to bring an FELA case, countless railroad workers who have not been diagnosed with an asbestos-related disease may not be able to file a claim. This is a clear infringement to the tort law principle that pays the victims of the actions of others.
State Law Claims
While federal law is the basis for the majority of asbestos lawsuits against railroad workers, state law may provide additional protections. Asbestos lawyers are able to handle claims under a variety of statutes and laws in order to help injured workers receive the compensation they need.
Asbestos was employed in a variety of railway components, including locomotive engines, brakes, and steam boilers. Asbestos dust was created by cutting and machining many of these components, which workers could breathe in. This asbestos dust can also be inhaled, which can cause lung problems such as mesothelioma.
If railroad workers develop mesothelioma, or other asbestos-related illnesses, they can file a state-law claim 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 vast experience in determining proper compensation for mesothelioma victims. State courts also offer priority to cases that are filed by living mesothelioma patients.
Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for PATCO Railroad. She sued the companies who manufactured the asbestos-containing products she worked on. However, her family was unable to prevail because the Supreme Court ruled that her state-law claim was preempted by FELA.
The company that manufactured the asbestos-containing products for which she worked, filed an application for a summary judgment. They asserted that her state law claim was invalid because it did not state that the company was aware of the risks associated with the use of asbestos in its products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and loved ones of those people get the compensation they deserve. His extensive background in FELA cases which include asbestos exposure, has helped him secure millions of dollars in verdicts and settlements for his clients. He is dedicated to helping injured railroad workers and their families collect damages from those who are responsible for their injuries and illnesses, such as mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively used in the design and construction of railways. It was also deadly for railroad workers who were exposed to the toxic substance. The material is strong and is able to endure extreme heat, but these properties make it dangerous for those who work with them.
It could take a long time for symptoms like mesothelioma and lung cancer to manifest due to the toxins found in asbestos. Rochester asbestos attorney You Tube can be very costly for victims and their families as they need medical treatment and are faced with physical and emotional suffering. Asbestos-related ailments can be paid by a variety of sources.
A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured are able to receive financial compensation. The claims can be filed in federal court or state courts close to the railroad company. An injury victim must prove that the negligence of their employer led to their injury and they are owed financial compensation.
Railroad workers are not covered under the standard workers compensation system in a lot of states. They are instead eligible to file a lawsuit against their employers under the protections of FELA.
This kind of claim is a civil lawsuit in which the person who has suffered injury must show that their employer's negligence led to their mesothelioma or other injury. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them asbestos.
In this case the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block the lawsuit from proceeding because the claim is based on FELA which overrules state laws regarding asbestos claims. However, it is crucial for injured railroad workers to discuss their specific circumstances with an experienced lawyer so that they can better ensure that all legal rights are protected.