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7 Things You've Never Known About Railroad Asbestos Claims
Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials because it was a durable and heat-resistant substance. The same characteristics also made asbestos toxic and deadly for those who came into contact with it.

Most often, railway workers would take asbestos dust particles that are deadly with them on their clothing and hair. This could expose their families to danger as well.

Federal Employers Liability Act


Railroad workers are frequently exposed to asbestos. Asbestos is a hazard that can cause many health problems such as cancer. Fortunately railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, except that it is filed against an employer rather than a defendant as in the case of a criminal.

The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state's worker's compensation laws, as it covers employees who suffer injuries on the job due to their employers negligence. It also permits railroad workers to file claims for specific illnesses such as mesothelioma.

Several railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation over the years. what is the statute of limitations on asbestos claims may sue these companies, as well as the manufacturers of asbestos-containing goods like locomotive parts and boilers.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma patients are able to file state law claims, as well as FELA claims. This allows families to seek compensation from a variety of sources to pay for medical expenses, lost wages and other expenses.

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

It is essential to understand the time limit and your rights to a settlement when dealing with an FELA claim. The railroads who defend themselves often try to reduce the amount of money paid to a victim, claiming that they can't prove that the illness was caused directly by their negligence to the work environment. This is why it is so important to seek legal assistance from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for a long time. Although cars now outnumber trains for most passengers however, the rail system remains a vital part of freight transportation. Asbestos has been used in the railroad industry for a long time to insulate engine parts pipes and other components of automobiles.

Rail workers are often exposed to asbestos through their work with the equipment they maintain and repair. Workers brought asbestos dust home on their clothing, which exposed their families to the toxic mineral.

Although railroad companies were aware of asbestos' dangers by 1935, they continued to use it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses because of years of occupational exposure.

Asbestos victims frequently have to file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. They could be held liable for not advising of the dangers associated with their products, as well as for producing asbestos-containing materials that was recognized as harmful.

For example, the family of a BNSF railroad worker who died of mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the brake manufacturing plant where the uncle who died worked. The family alleges that the deceased's uncle frequently brought his work clothes to his home, and if the clothes were on his children would play with him and roughhouse him while he was wearing his asbestos-covered work clothes. This lapse of care led to the mesothelioma cancer that killed the family member.

When employees are diagnosed with asbestos-related ailments such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold accountable businesses that blatantly ignored the safety and health of their employees in order to increase their profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Unfortunately, because a showing of manifest injury is required to bring a FELA claim, many seemingly healthy railroad workers who don't develop an asbestos-related disease might not be able to bring claims. This is clearly in violation of the underlying principle of tort law, which is to compensate people who suffer as a result of other' actions.

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, certain railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can handle claims under a variety of statutes and laws to help injured workers receive the compensation they deserve.

Asbestos was extensively used in railway components like steam boilers, locomotive engines and brakes. Many of these components required cutting or machining which created asbestos dust that could be inhaled by workers. The asbestos dust can be ingested, causing lung issues like mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related illnesses, they can make a claim under the state law against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. In addition, state courts frequently give priority to and quickly advance cases brought by living plaintiffs.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She sued the companies who manufactured asbestos-containing products that she worked with. Her family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos-containing products on which she worked, filed an application for a summary judgment. They claimed that her state law claim was invalid because it did not state that the company was aware of the dangers 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 individuals get the compensation they are entitled to. His extensive background in FELA cases that include asbestos exposure, has allowed him to obtain millions of dollars in settlements and verdicts for his clients. 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 been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the design and construction of railways. It was also deadly for many railway workers exposed to the toxic substance. The material is durable and is able to withstand extreme heat, but these properties makes it dangerous for people who work with them.

Due to the toxins present in asbestos, it may take decades for symptoms such as mesothelioma or lung cancer to develop. These illnesses can be very costly for victims and families, as they require medical attention and have to deal with their physical and emotional pain. Asbestos-related diseases can be compensated by a variety sources.

A mesothelioma lawyer is the most commonly used method by which railroad workers injured can be awarded financial compensation. These lawsuits can be filed in federal court or state courts in which railroad companies are located. An injury victim must prove that their employer's negligence caused their injury, and they are entitled to financial compensation.

Railroad workers are not covered by the standard worker compensation system in a number of states. They are instead legally able to bring a lawsuit against their employers under the protections of FELA.

This is a civil action where the victim has to prove that their employer's negligence caused their mesothelioma or any other injuries. However an upcoming case brought to the Supreme Court highlights a roadblock that railroad workers face when they are trying to hold their employers accountable for exposure to asbestos.

In this case, the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from proceeding because the claim is based on FELA which overrides state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured talk with an attorney about their specific circumstances so that they can ensure all of their legal rights are protected.

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