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

Railroad workers often utilized or worked around asbestos-containing materials due to its durable and heat-resistant substance. However, the same characteristics made asbestos a deadly and toxic material for those who came into contact with it.

In many cases, rail workers often carry deadly asbestos dust fibers home on their clothes and hair. This could put their families at risk as well.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is a hazardous material that can cause many health issues, including cancer. Fortunately, railroad workers are entitled to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injuries lawsuit, except that it is filed against an employer and not a defendant as in criminal cases.

The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it covers workers who are injured on the job due to their employer's negligence. It also allows railroad employees to file claims when they suffer from certain ailments such as mesothelioma.

Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies that have been involved in asbestos litigation over the years. Railroad employees can sue these companies under FELA as well as producers 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 victims 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.

It is important to hire an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers have a wealth mesothelioma expertise and can help you get maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a worker who brought asbestos dust home on his clothing and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case and the family received an important mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on a FELA case. The railroads that are defending themselves frequently try to cut down on the amount of money paid to the victim, claiming they cannot prove the illness was directly caused by their exposure to the work environment. This is why it is so 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 decades. While cars are now surpassing trains for the majority of passengers however, the rail system remains an essential element of freight transportation. Asbestos was utilized throughout the railroad industry to protect trains, pipes and car parts.

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

While railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result of their exposure to the dangerous mineral.

Asbestos victims typically have to file FELA claims with the manufacturers of asbestos-containing equipment with which they worked. The manufacturers could be held accountable for failing to warn about the dangers of their products and for producing asbestos-containing materials that were known to be dangerous.

Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company was the owner of the brake plant in which the nephew who died worked. The family alleges that the deceased's uncle regularly brought his work clothing to his home, and if he wore these clothes his children would play with him and roughhouse him when wearing asbestos-covered work clothing. This negligence led to 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 the companies accountable for having blatantly ignored the health and safety demands of railroad workers to maximize profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Because a manifest injury must be proven to be able to bring an FELA case, thousands of railroad workers who never developed an asbestos-related illness may not be able to file an claim. This is a clear breach of the tort law principle that compensates those who suffer due to other people's actions.


State Law Claims

While federal law is the basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers can manage claims under a variety of different statutes and laws to ensure injured workers and their families get the justice they deserve.

Asbestos was employed in various railway components, including locomotive engines, brakes and steam boilers. Asbestos dust was produced through cutting and machining of these parts, which workers could breathe in. The asbestos dust can be inhaled and cause lung problems like mesothelioma.

If railroad workers develop mesothelioma, or any other asbestos-related diseases, they may bring a state-law suit 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 extensive experience in determining the appropriate amount of compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly advance cases filed by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder at PATCO Railroad. She sued the companies that produced the asbestos-containing equipment that she worked on. Unfortunately her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.

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

Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the loved ones of those individuals obtain the compensation that they are entitled to. His vast experience in FELA cases, including those involving asbestos exposure, has allowed him to secure millions of dollars in settlements and verdicts for his clients. He is committed to helping injured railroad workers and their loved ones recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. Melbourne asbestos attorneys has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was used extensively in the construction of railroads, particularly in diesel and steam-powered trains. It was also deadly for railroad workers who were 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.

It could take a long time for mesothelioma-related symptoms and lung cancer to show up due to the toxins that are found in asbestos. These illnesses can be very expensive for the families of victims, as they require medical treatment and to bear the physical and emotional pain. Fortunately, those suffering from asbestos-related diseases can receive compensation from various sources.

The most common method for railroad workers injured to get financial compensation is through an action filed with a mesothelioma law firm. These lawsuits can be filed in federal court or state courts where the railroad company is. An injured victim must be able to prove that their employer's negligence caused their injury and they are owed financial compensation.

In contrast to other types of workplace injuries, railroad workers do not have access to the traditional workers compensation system in a majority of states. Rather, these workers are qualified to file an action against their employers under the protections of FELA.

This kind of claim is a civil suit where the injured person must show that the negligence of their employer caused their mesothelioma, or other injury. However an upcoming case that was brought before the Supreme Court highlights a roadblock for railroad workers who attempt to make their employers accountable for the exposure they have to asbestos.

In this particular instance, the family member 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 goes over state laws regarding asbestos claims. It is still important that railroad workers who are injured speak to an attorney about their particular situation so they can ensure all of their legal rights are secured.

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