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10 Great Books On Railroad Asbestos Claims
Railroad Asbestos Claims

Railroad workers often used or worked around asbestos-containing materials due to its robust and heat-resistant material. The same characteristics also made asbestos poisonous and deadly to those who came into contact with it.

Most often, railway workers would carry asbestos dust particles that are deadly with them on their clothing and hair. This could put their families in danger.

Federal Employers Liability Act

Railroad workers are frequently exposed to asbestos. Asbestos is a dangerous material that can cause a variety of illnesses, including cancer. Fortunately, railroad workers have the right to compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to an injury lawsuit, however, it is filed against the employer, not an individual defendant as in a criminal case.

The FELA is a federal law enacted in the year 1908 to protect railroad workers who are injured on the job. FELA differs from state's worker's compensation laws, as it covers employees who are injured on the job because of their employers ' negligence. It also allows railroad employees to file claims for certain illnesses such as mesothelioma.

A number of railroad companies have been involved in asbestos 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 and also manufacturers of asbestos-containing products such as boilers, locomotive parts, and railcar siding.

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma patients are able to file state law claims, as well as 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 important to hire a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining maximum compensation for your injuries. 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 worker who brought asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able expedite the case and the family received a significant mesothelioma compensation.

Understanding the statute of limitation and your rights in a settlement are crucial in an FELA case. Railroads that defend themselves often attempt to cut the amount of money paid to a victim, claiming they are unable to prove that the illness was caused directly by their exposure to the work environment. It is crucial to seek the legal advice of a knowledgeable railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have been suffering from asbestos-related illnesses for a long time. While cars are now surpassing 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 protect engine parts, pipes and other components of automobiles.

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

Railroad companies were aware of asbestos' dangers in 1935, yet they continued to use the material on their trains into the 1990s and into the 1980s. Unfortunately, a large number of workers have now developed life-threatening illnesses as a consequence of their exposure to the hazardous mineral.

Asbestos victims frequently are required to file FELA claims with the makers of asbestos-containing equipment for which they worked. They could be held accountable for not warning about the dangers that could be posed by their products, and for producing asbestos-containing material that was recognized as dangerous.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant where the uncle of the deceased worked. The family claims that the deceased's uncle regularly brought his work clothes to his home, and if they were wearing these clothes, his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothing. This negligence caused the mesothelioma which caused the death of the family member.

When asbestos-related illnesses like mesothelioma is diagnosed workers are deprived of the time they would have been able to enjoy retirement and the final years. These cases make companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad employees in order to maximize their profits.

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

State Law Claims

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

Asbestos was widely used in railway components, such as locomotive engines, steam boilers and brakes. A lot of these components required cutting or machining which created asbestos dust that could be inhaled by workers. The asbestos dust may also be ingested, causing lung diseases like mesothelioma.

If railroad workers develop mesothelioma, or any other asbestos-related illnesses, they can bring a state-law suit against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges have vast experience in determining the compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living mesothelioma victims.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who manufactured the asbestos-containing equipment she worked on. Unfortunately, her family was unable to prevail since the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that made the asbestos-containing equipment that she worked on filed a motion for summary judgment, arguing that her state-law claim was not valid because it did not claim that the manufacturer knew the dangers of using asbestos in their 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 receive the compensation they are entitled to. His extensive experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, especially in diesel- and steam-powered trains. You Tube was also deadly for many railway workers exposed to the toxic substance. The material is tough and can endure extreme heat, but these properties make it dangerous for the people who work with them.

Due to the toxins found in asbestos, it may take years for the symptoms such as mesothelioma or lung cancer to develop. These conditions can be very costly for victims and their families since they require medical treatment and must deal with their physical and emotional suffering. Asbestos-related diseases can be compensated by a variety of sources.

A mesothelioma lawyer is the most common method through which railroad workers who have been injured are able to receive financial compensation. The claims can be filed in federal courts, or state courts located close to the railroad's company. An injury victim must be able to demonstrate that the negligence of their employer caused their injury and they are owed financial compensation.

Unlike most other workplace injuries, railroad workers do not have access to the traditional workers' compensation system in most states. Instead, they are qualified to file an action against their employers under the protections of FELA.

This is a civil lawsuit in which the person who is injured has to prove that the negligence of their employer caused their mesothelioma or another injuries. A recent case before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them asbestos.

In this case the family of a deceased railway worker filed an asbestos suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their specific situation with an experienced lawyer so that they can better ensure all legal rights are protected.

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