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7 Essential Tips For Making The Most Of Your Railroad Asbestos Claims
Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing products due to its durable and heat-resistant substance. But, these same qualities made asbestos poisonous and deadly for those who came in contact with it.

Rail workers often brought asbestos dust particles home on their clothing or in their hair. This could put their families at risk as well.

Federal Employers Liability Act

Asbestos is a dangerous material that railroad workers are exposed to. Asbestos can cause cancer and other health issues. Fortunately, railroad workers can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, with the exception that it is filed against an employer, not a defendant as in criminal cases.

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 at work due to the negligence of their employers. Additionally, railroad employees are able to file claims for certain illnesses such as mesothelioma.

Several railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroads that have been involved in asbestos litigation over the years. Railroad workers could sue these companies and manufacturers of asbestos-containing products such as locomotive parts or boilers.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from a variety of sources in order to help pay medical bills, lost income, and other expenses.

When submitting the FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can help you obtain maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able expedite the case, and the family received an important mesothelioma compensation.

Understanding the statute of limitation and your rights in a settlement is essential when dealing with an FELA case. The railroads that are defending themselves frequently try to cut down on the amount of money paid to the victim, claiming they are unable to prove that the illness was caused directly due to their exposure to the work environment. It is important to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have been suffering from the effects of asbestos exposure. Rail remains an important part of freight transportation, even though cars are the most popular mode of travel for passengers. Asbestos was used throughout the railroad industry to protect trains, pipes and car parts.

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

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material on their trains through the 1980s and 90s. Sadly, many of these workers are now suffering from life-threatening illnesses as a result of years of occupational exposure to the hazardous mineral.


Asbestos victims often have to file FELA claims against the manufacturers of the asbestos-containing equipment they used. The manufacturers could be held accountable for failing to warn of the risks associated with their products, and for producing asbestos-containing material that was known to be harmful.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died from mesothelioma. You Tube was the owner of the plant that made brakes where the uncle of the deceased worked. The family alleges the deceased's Uncle often brought his asbestos-covered work clothing home and his children would beat the man when he was wearing these clothes. This lapse of judgment led to mesothelioma that killed the family member.

When workers are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases hold the companies accountable for having blatantly ignored the health and safety demands of railroad workers to maximize their profits.

Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Since a demonstration of a manifest injury is required to bring a FELA claim, many healthy railroad workers who do not suffer from an asbestos-related illness may not be able to bring a claim. This is a clear violation to the tort law principle that compensates those who suffer due to others' actions.

State Law Claims

While federal law lays the foundation for most asbestos lawsuits, a few railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers are able to handle claims under different statutes and laws to help injured workers receive the compensation they need.

Asbestos was employed in various railway components including locomotive engines, brakes and steam boilers. Many of these components required cutting or machining which produced airborne asbestos dust that could be breathed in by workers. This asbestos dust can also be ingested, causing lung problems such as mesothelioma.

If railroad workers suffer from mesothelioma or other asbestos-related illnesses in their lifetime, they may be able to file state-law claims against their employers as well as the manufacturers of the products that exposed them asbestos. These claims are filed in state courts, where judges and juries have vast experience in determining the compensation for mesothelioma patients. In addition, state courts frequently offer priority to and swiftly move cases filed by living plaintiffs.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welder for PATCO Railroad. She filed a lawsuit against the companies that produced the asbestos-containing products she worked with. Unfortunately her family was unable to prevail because the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that manufactured the asbestos-containing equipment she worked on filed a motion for summary judgment, arguing that her state-law claim was not valid because it did not allege that the manufacturer knew the dangers of using asbestos in their 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 obtain the compensation that they deserve. His extensive experience in FELA cases - including those involving asbestos - has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is committed to helping railroad workers and their families collect damages from those accountable for their illnesses, injuries, and mesothelioma. He has been successful in handling railroad injury claims 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 material. The material is strong and is able to withstand extreme heat, but these properties make it dangerous for the people who work with them.

Due to the toxins found in asbestos, it can take decades for symptoms like mesothelioma and lung cancer to show up. These illnesses can be extremely expensive for patients and their families since they require medical treatment and must deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related diseases can receive compensation from various sources.

The most popular method for railroad workers injured in an accident to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. The claims can be filed in federal court or state courts where the railroad company is. The injured party must prove that their employer was negligent and they are entitled to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in a lot of states. Railroad workers are able to sue their employers under FELA protections.

This is a civil lawsuit where the victim must prove that their employer's negligence caused mesothelioma or another injuries. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them asbestos.

In this particular case an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured speak to an attorney regarding their particular situation so they can ensure that their legal rights are protected.

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