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8 Tips To Boost Your Railroad Asbestos Claims Game
Railroad Asbestos Claims

Rail workers had to work with asbestos-containing products a lot due to its durability and heat-resistant product. The same properties also made asbestos poisonous and deadly to those who came in contact with it.

Most often, railway workers would carry asbestos dust that is deadly with them on their clothing and hair. This could put their families at risk.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health issues. Thankfully, railroad workers can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but it is filed against the employer instead of a defendant like a criminal case.

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 protects employees who are injured on the job due to their employer's negligence. It also allows railroad employees to file claims if they suffer from certain ailments such as mesothelioma.

Several 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 and also manufacturers of asbestos-containing items like boilers, locomotive parts, and railcar siding.

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

If you are filing an FELA claim it is essential to hire an experienced attorney. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in obtaining maximum compensation for your injury. 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 carried asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case and the family was awarded an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on an FELA case. Defendant railroads often try to limit the amount they pay to the victim by arguing that they cannot prove that the illness is directly connected to their exposure at work. It is crucial to seek the legal guidance of a seasoned railroad lawyer.


Asbestos Manufacturers

For decades, railroad workers have suffered from asbestos-related illnesses for a long time. Although cars now outnumber trains for the majority of passenger travel but the rail network is an essential component of freight transportation. Asbestos was used throughout the railroad industry to protect train engines, pipes and car components.

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

While railroad companies were aware of the dangers of asbestos by 1935 however, they continued to use asbestos in their trains until the 1980s and 1990s. Unfortunately, a lot of these workers have now developed life-threatening illnesses as a result of their exposure to asbestos, a dangerous mineral.

Asbestos victims frequently are required to file FELA claims against the manufacturers of asbestos-containing equipment on which they worked. These manufacturers may be held responsible for not warning of the risks associated with their products, or for manufacturing asbestos-containing material that was known to be harmful.

For example, the family of an BNSF railroad worker who died of mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant in which the deceased's nephew worked. The family claims that the deceased's uncle often brought his asbestos-covered work attire at home, and his children would roughhouse the man when they saw him in these clothes. This lapse in judgment led to mesothelioma which caused the death of the family member.

When asbestos-related illnesses like mesothelioma are discovered workers lose the time they would have been able to enjoy retirement and the final years. claims for asbestos bring to justice businesses that blatantly ignored the health and safety of their employees in order to maximize their own profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a clearly-defined injury must be proven to bring an FELA case, thousands of railroad workers who have never suffered from an asbestos-related illness might not be able make an claim. This is a clear violation to the tort law principle that compensates the victims of the actions of others.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos attorneys can handle claims under a variety of different laws and statutes to ensure injured workers and their families receive the amount of compensation they are entitled to.

Asbestos was employed in various railway components, including locomotive engines, brakes and steam boilers. Many of these components required cutting or machining which resulted in the formation of airborne asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled, causing lung issues like mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related diseases, they can make a claim under the state law against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate compensation for mesothelioma sufferers. State courts also give priority to cases that are filed by living mesothelioma patients.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welder at PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing equipment 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 made asbestos-containing products for which she worked, filed a motion for a summary judgment. They argued that her state law claim was invalid because it did not state that the manufacturer was aware of the risks associated with asbestos being used in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their family members of those who suffer from the same obtain the compensation that 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 settlements and verdicts. 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 extensively used in the design and construction of railroads. However, it proved to be extremely dangerous for railway workers who were exposed to the poisonous material. The material is durable and can endure extreme heat, but these qualities are what make it dangerous for those who work with them.

Because of the toxins in asbestos, it can take decades for symptoms like mesothelioma and lung cancer to show up. These diseases can be extremely costly for victims and their families as they need medical treatment and must deal with their physical and emotional discomfort. Asbestos-related diseases can be compensated by a variety of sources.

A mesothelioma lawyer is the most commonly used method by which railroad workers injured are able to receive financial compensation. The claims can be filed in federal court or state courts in which railroad companies are located. Injured victims must prove their employer was negligent and that they have the right to financial compensation.

Unlike most other workplace injuries railroad workers don't have access to the standard workers compensation system in the majority of states. They are instead eligible to file an action against their employers under the protections of FELA.

This is a civil claim in which the person who is injured must prove that their employer's negligence caused mesothelioma or another injury. However an upcoming case brought to the Supreme Court highlights a roadblock that railroad workers face when they try to hold their employers accountable for exposure to 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 prevent this lawsuit from moving forward since the claim is based on FELA which overrules state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their particular circumstances with an experienced attorney so that they can better ensure that their legal rights are secured.

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