Notes

What's Everyone Talking About Railroad Asbestos Claims Right Now
Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot because it was a durable and heat-resistant material. The same characteristics also made asbestos poisonous and deadly for those who came in contact with it.

Rail workers often carried asbestos dust particles home on their clothes or in their hair. This could also put their families in danger.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer as well as other health issues. Fortunately railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer rather than an individual defendant as 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 against certain illnesses, such as mesothelioma.

A number of railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation throughout the years. Railroad employees are able to sue these companies under FELA as well as manufacturers of asbestos-containing products such as boilers, locomotive parts and railcar siding.

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


When filing the FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in getting the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm represented a family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a worker who brought asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case, and the family received an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when dealing with an FELA case. Railroads who are defendants frequently try to limit the amount paid out to a victim by arguing that they cannot prove that the illness is directly connected to their exposure at work. This is why it is important to seek legal assistance from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for years. Although cars have now surpassed trains for most passenger travel but the rail network is a vital part of freight transportation. Asbestos was 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 due to on-the-job contact with the equipment they were servicing and repairing. Workers brought asbestos dust home on their clothes, exposing their families to the harmful mineral.

Although railroad companies were aware of asbestos' dangers by 1935 but they continued to employ asbestos in their trains until the 1980s and the 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening illnesses because of years of exposure to asbestos.

Asbestos victims frequently file FELA claims against the makers of the asbestos-containing equipment they used. They can be held liable for failing to warn consumers about the dangers of their products, and for manufacturing asbestos-containing materials that were found to be dangerous.

For instance, the family of the BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant where the nephew who died worked. The family claims that the deceased's Uncle often brought his asbestos-covered work clothing to his home and that his children would roughhouse him while they saw him in these clothes. This lapse of care led to the 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 chapters in life. These cases are a way to hold companies accountable for having flagrantly ignored the health and safety demands of railroad workers to maximize profits.

Asbestos suits against railroad companies resulted in compensations for injured workers and families. Since a demonstration of injury that is manifest is required to bring a FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to file a claim. This is a clear violation of the underlying principle of tort law: to compensate people who suffer due to the actions of others' actions.

State Law Claims

While federal law lays the foundation for many asbestos lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers are able to handle claims under various statutes and laws to ensure injured workers get the compensation they deserve.

Asbestos was employed in various railway components, including locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which created asbestos dust that could be inhaled by workers. The asbestos dust may also be ingested, causing lung problems such as mesothelioma.

When railroad workers develop mesothelioma, or other asbestos-related diseases and diseases, they could have state-law claims against their employers and the companies that made the products which exposed them to hazardous asbestos. These claims are filed before state courts where juries and judges possess extensive experience in determining compensation for mesothelioma sufferers. Additionally, state courts often give priority to and speedily forward cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder at PATCO Railroad. She filed a lawsuit against the companies that manufactured the asbestos-containing equipment she used to work on. Her family was not able to prevail 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 judgement in support of her state-law claim was unconvincing because it did not allege that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families get the compensation they deserve. His vast experience in FELA cases which include asbestos has helped him obtain millions of dollars for his clients through settlements and verdicts. He is committed to helping railroad workers injured and their families recover damages from those who are responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction and design of railroads. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely tough and capable of withstanding immense quantities of heat. However, these qualities are exactly what make it hazardous for people who work with it.

It could take a long time for mesothelioma symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These conditions can be very expensive for the victims and their families, as they require medical treatment and have to deal with their physical and emotional pain. Fortunately, asbestos-related illnesses are eligible for compensation from various sources.

The most popular method for injured railroad workers to get financial compensation is through a lawsuit filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal courts or state courts in which a railroad company is located. Injured victims must prove their employer was negligent and that they have the right to financial compensation.

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

This is a civil claim where the victim has to demonstrate that the negligence of their employer caused their mesothelioma, or other injury. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them to asbestos.

In this case the family of a deceased railway worker filed an asbestos suit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from moving forward since the claim is based on FELA which overrules state laws regarding asbestos claim s. It is still important that railroad workers who have been injured speak to an attorney regarding their particular circumstances so they can ensure all of their legal rights are protected.

Read More: https://www.asbestosclaim.top/