How To Determine If Youre In The Right Place To Railroad Asbestos Claims

Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials often because it was a tough and heat-resistant product. The same characteristics also made asbestos poisonous and deadly for those who came into contact with it.
Rail workers frequently brought asbestos dust particles to their homes on their clothes or in their hair. This could put their families at risk as well.
Federal Employers Liability Act (FELA)
Railroad workers are often exposed to asbestos. Asbestos can cause cancer as well as other health problems. 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 was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers employees who are injured on the job due to their employer's negligence. It also permits railroad workers to file claims for specific diseases like mesothelioma.
Over the years, several railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroads that have been involved in asbestos litigation over the years. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing products such as boilers, locomotive parts, and railcar siding.
Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma patients can file state law claims, as well as FELA claims. This permits families to seek compensation from various sources in order to help pay medical bills, lost income, and other expenses.
When filing an FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy's attorneys have an extensive knowledge of mesothelioma and can help you get the most compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family of a man who worked for the California Railroad from 1955 until 1959 as a steam-engine scrapper. He was a laborer who frequently brought asbestos dust 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 an extensive mesothelioma settlement.
It is essential to understand the statute of limitations and your rights to a settlement when dealing with an FELA claim. Railroads that are defending themselves often attempt to reduce the amount they pay to the victim by arguing that they cannot prove that their illness is directly linked to their work-related exposure. It is crucial to seek the legal advice of a knowledgeable railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered the effects of asbestos exposure for decades. While cars are now surpassing trains for most passenger travel but the rail network is an essential component of freight transportation. Asbestos has been utilized in the railroad industry for many years to insulate engine parts pipes and other components of automobiles.
Rail workers are frequently exposed to asbestos through their work with equipment that they maintain and repair. Workers also brought asbestos dust home on their clothes, which exposed their children and spouses to the toxic mineral, too.
Railroad companies were aware of asbestos' dangers in 1935, but they continued to employ the material on their trains through the 1990s and into the 1980s. Unfortunately, many of these workers are now suffering from life-threatening illnesses because of years of occupational exposure.
Asbestos victims frequently file FELA claims against manufacturers of the asbestos-containing equipment that they used. They could be held liable for not advising of the dangers associated with their products, and for producing asbestos-containing material that was found to be harmful.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died from mesothelioma. The company was the owner of the brake manufacturing plant in which the uncle who died worked. The family claims that the deceased's Uncle often brought his asbestos-covered work clothing home and his children would slap the man when the clothes were on. This lapse in judgment led to mesothelioma which killed the family member.
When workers are diagnosed with asbestos-related ailments like mesothelioma, they are robbed of 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 ignored the health and safety requirements of dedicated railroad workers in order to maximize profits.
Asbestos lawsuits against railroads resulted in compensation for injured workers and families. Since a clearly-defined injury has to be proved to bring a FELA case, many railroad workers who have never suffered from an asbestos-related illness might not be able to file claims. This is clearly in violation of the fundamental principle of tort law: to compensate those who suffer because of others' actions.
State Law Claims
While federal law lays the foundation for most asbestos lawsuits, some railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers can deal with claims under a variety of statutes and laws in order to help injured workers receive the compensation they deserve.
Asbestos was employed in various railway components like locomotive engines, brakes and steam boilers. A lot of these components required machining or cutting which produced airborne asbestos dust that could be inhaled by workers. This asbestos dust can be ingested and cause lung issues such as mesothelioma.
When railroad workers develop mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers as well as the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate compensation for mesothelioma sufferers. State courts also give priority to cases that are filed by living mesothelioma victims.
San Leandro was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment she worked on. Her family was unable win because the Supreme Court ruled her state-law claim was preempted by FELA.
The company that made the asbestos-containing equipment she worked on filed a motion for summary judgment, arguing that her state-law claim was unconvincing since it did not state that the company knew about the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their family members of those who suffer from the same receive the compensation they deserve. His extensive experience in FELA cases including asbestos cases - has helped him to obtain millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers injured and their loved ones recover damages from the parties responsible for their injuries and illnesses, 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 of railroads, especially in steam- and diesel-powered trains. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely durable and is able to withstand massive quantities of heat. However these qualities are what make it hazardous for workers who work with it.
It can take years for mesothelioma-related symptoms and lung cancer to appear due to the toxins that are found in asbestos. These illnesses can be very expensive for families and victims, as they require medical treatment and have to bear the physical pain and emotional trauma. Asbestos-related ailments can be paid by a variety of sources.
The most popular method for injured railroad workers to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal courts or state courts in which a railroad company is located. The injured party must prove that their employer was negligent and they have the right to financial compensation.
Railroad workers aren't covered by the standard worker 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 action where the victim must prove that the negligence of their employer caused mesothelioma or other injuries. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them to asbestos.
In this case, the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak to an attorney regarding their specific circumstances so that they can ensure all of their legal rights are protected.