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It's Time To Expand Your Railroad Asbestos Claims Options
Railroad Asbestos Claims


Rail workers had to work with asbestos-containing materials a lot due to its durability and heat-resistant material. These same qualities also made asbestos toxic and deadly to anyone who came into contact with it.

In many cases, rail workers would take asbestos dust that is deadly on their clothes and in their hair. This could also put their families in danger.

Santa Rosa asbestos attorney YouTube is a hazardous material that railroad workers are exposed. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, however, it is filed against the employer, not the defendant in criminal cases.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA is different than the state's worker's compensation laws as it covers employees who are injured on the job due to the negligence of their employers. It also allows railroad employees to file claims when they suffer from certain ailments such as 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 who have been involved in asbestos litigation over the years. Railroad workers may sue these companies, as well as the manufacturers of asbestos-containing products like locomotive parts or boilers.

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

When filing an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can help you obtain most compensation for your injury. Ken Danzinger, shareholder at the firm represented a family member who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a worker who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able speed up the case and the family was awarded an extensive mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when dealing with the FELA case. Railroads that defend themselves often attempt to cut the amount they pay to a victim, claiming that they can't prove that the illness was directly caused by their exposure to the work environment. This is why it is important to seek legal assistance from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for years. Rail is still a vital component of freight transport, even though cars are the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to protect train engines, pipes and car parts.

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

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

Asbestos victims frequently have to file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. The manufacturers could be held accountable for their failure to warn of the dangers of their products and for producing asbestos-containing products that were found to be dangerous.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company owned the brake manufacturing plant in which the uncle who died worked. The family alleges that the deceased's uncle frequently brought his work clothing at home, and that when they were wearing these clothes, his children would play with him and roughhouse him when he was wearing asbestos-covered work clothing. This lapse of care led to the mesothelioma that killed the family member.

When asbestos-related illnesses like mesothelioma is diagnosed workers are deprived of the time they would have had to enjoy retirement and their final chapters in life. These cases hold accountable businesses that blatantly ignored the safety and health of their employees in order to maximize their own profits.

Asbestos suits against railroad companies resulted in compensation for families of injured workers. Since a clear injury must be shown to bring an FELA case, thousands of railroad workers who never been diagnosed with an asbestos-related disease may not be able to make claims. This is clearly in violation of the underlying principle of tort law: to compensate people who suffer as a result of other' actions.

State Law Claims

While federal law is the foundation for the majority of asbestos lawsuits filed against railroad workers, state law may provide additional protections. Asbestos lawyers are able to handle claims under a variety of different laws and statutes to ensure injured workers and their families receive the justice they deserve.

Asbestos was extensively used in railway components, such as locomotive engines, steam boilers and brakes. Asbestos dust was created by cutting and machining many of these components, which workers could breathe in. This asbestos dust can be ingested and cause lung issues such as mesothelioma.

If railroad workers contract 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 before state courts where juries and judges possess extensive experience in determining compensation for mesothelioma patients. State courts also offer priority and advance cases filed by living mesothelioma victims.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma as a welder at PATCO Railroad. She sued the companies who made the asbestos-containing products she worked with. Her family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that produced the asbestos-containing products for which she worked filed a motion for a summary judgment. They argued that her state law claim was not valid since it did not claim that the manufacturer was aware of the dangers associated with the use of asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families receive the compensation they deserve. His vast experience in FELA cases which include asbestos has helped him obtain millions of dollars for his clients in settlements and verdicts. He is dedicated to helping injured railroad workers and their families collect damages from those responsible for their injuries and illnesses, such as 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, specifically in diesel and steam-powered trains. However, it proved to be very deadly for the railway workers who were exposed to the poisonous substance. The material is extremely tough and is able to withstand massive amounts of heat; however, these qualities are exactly what make it hazardous to those who work with it.

It could take a long time for symptoms like mesothelioma and lung cancer to show up due to the toxins that are found in asbestos. These illnesses can be extremely expensive for patients and their families, as they require medical care and are faced with physical and emotional suffering. Fortunately, victims of asbestos-related illnesses are eligible for compensation through various sources.

A mesothelioma lawyer is the most commonly used method through which railroad workers who have been injured can be awarded financial compensation. These lawsuits can be filed in federal courts or state courts close to the railroad's company. An injury victim must be able to prove that their employer's negligence caused their injury, and they are owed 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. Railroad workers are able to sue their employers under FELA protections.

This is a civil action where the victim must 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 for railroad workers who attempt to claim their employers are responsible 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 stop this lawsuit from progressing since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is still important that railroad workers who have been injured talk to an attorney about their particular circumstances so they can ensure that their legal rights are protected.

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