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Learn About Railroad Asbestos Claims While Working From The Comfort Of Your Home
Railroad Asbestos Claims

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

In many cases, rail workers would carry asbestos dust particles that are deadly with them on their clothing and in their hair. This could put their families at risk.

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed. Asbestos is a dangerous material that can cause many health issues including cancer. Thankfully, railroad workers are able to claim 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 an individual defendant as in criminal cases.

The FELA is an act of the federal government that was adopted in 1908 to safeguard railroad workers who were injured on the job. FELA differs from state workers' compensation laws in that it covers workers who are injured at work due to their employer's negligence. It also allows railroad workers to file claims if they develop certain illnesses such as mesothelioma.

asbestos insurance claim have been involved in asbestos-related litigation over the years. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and local railroads as well as state railroads. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing items like locomotive parts, boilers and railcar siding.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos victims are eligible to claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from a variety of sources in order to help pay for medical bills, lost income and other expenses.

It is crucial to find a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can help you obtain maximum 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 scrapper of steam engines. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able speed up the case and the family was awarded an enormous mesothelioma settlement.

It is essential to understand the time limit and your rights to a settlement when dealing with a FELA claim. Railroads that defend themselves frequently try to cut down on the amount they pay to a victim, by claiming they are unable to prove that the illness was directly caused by their negligence at work. It is important to seek legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have been suffering from asbestos exposure for years. While cars are now surpassing trains for the majority of passenger travel however, the rail system remains an essential component of freight transportation. Asbestos was used throughout the railroad industry to insulate trains, pipes and car components.

Rail workers are often exposed to asbestos because of their work with equipment that they service and repair. Workers also brought home asbestos dust on their clothes, which exposed their children and spouses to the harmful mineral, too.

While railroad companies were aware of asbestos' dangers as of 1935 however, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, a lot of these workers are currently suffering from serious illnesses as a result years of exposure to asbestos in the workplace.


Asbestos victims often have to file FELA claims against the manufacturers of the asbestos-containing equipment that they used. They could be held accountable for not advising about the dangers that could be posed by their products, or for producing asbestos-containing materials that was found to be dangerous.

For example, the family of the BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the deceased's uncle was employed. The family claims that the deceased's uncle frequently brought his work clothing home, and when the clothes were on his children would play with him and roughhouse him while wearing his asbestos-covered work clothes. This negligence led to mesothelioma which caused the death of the family member.

If workers are diagnosed with asbestos-related ailments such as mesothelioma, they're stripped of the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold the companies accountable for having blatantly ignored the health and safety requirements of dedicated railroad workers to maximize profits.

Asbestos suits against railroad companies led to compensations for families and workers who were injured. Since a demonstration of injury that is manifest is required to file a FELA claim, many seemingly healthy railroad workers who do not get sick due to asbestos may be unable to make such a claim. This is a clear infringement of the tort law principle of compensation for the victims of others' actions.

State Law Claims

While federal law provides the foundation for many asbestos lawsuits, a few railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers can manage claims under a variety of laws and statutes to ensure that injured workers and their families get the justice they deserve.

Asbestos was extensively used in railway components such as steam boilers, locomotive engines and brakes. Many of these components required cutting or machining which created asbestos dust that could be breathed in by workers. This asbestos dust can be inhaled and cause lung issues such as 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 vast experience in determining proper compensation for mesothelioma victims. In addition, state courts frequently offer priority to and swiftly move cases brought by living plaintiffs.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welding technician for PATCO Railroad. She sued the companies who manufactured asbestos-containing products she worked with. Her family was unable prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that produced the asbestos-containing equipment that she worked on filed an application for summary judgment and argued that her state law claim was not viable since it did not state that the manufacturer knew the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and loved ones of those individuals obtain the compensation that they are entitled to. His vast experience in FELA cases including asbestos cases has helped him obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers injured and their families recover damages from those responsible for their ailments and injuries, including mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction of railroads, especially in diesel and steam-powered trains. It also posed a threat to the railway workers who were exposed the toxic substance. The material is very durable and is able to withstand massive amounts of heat. However these properties are what make it dangerous for those who work with it.

Due to the toxins present in asbestos, it can take decades for symptoms such as mesothelioma or lung cancer to show up. These conditions can be very expensive for patients and their families, as they require medical care and must deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related diseases are eligible for compensation through various sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can receive financial compensation. The claims can be filed in federal courts or state courts in which railroad companies are located. An injured victim must be able to demonstrate that the negligence of their employer led to their injury and they are entitled to financial compensation.

As opposed to other types of workplace injuries railroad workers do not have access to the typical workers' compensation system in most states. Instead, they 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 prove that their employer's negligence caused their mesothelioma or other injuries. However the recent case that was brought to the Supreme Court highlights a roadblock for railroad workers who try to claim their employers are 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 ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding because the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their particular circumstances with an experienced attorney so that they can better ensure all legal rights are protected.

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