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How To Identify The Railroad Asbestos Claims Right For You
Railroad Asbestos Claims

Railroad workers frequently used or worked around asbestos-containing materials due to its robust and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for anyone who came into contact with it.

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

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos can 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 instead of a defendant like a criminal case.

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 since it covers workers who suffer injuries on the job due to the negligence of their employers. It also permits railroad workers to file claims when they suffer from certain ailments like mesothelioma.

Over the years, several railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers may sue these companies as well as manufacturers of asbestos-containing products such as locomotive parts or boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos sufferers are able to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from a variety of sources to help pay medical bills, lost wages and other expenses.

It is crucial to find a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma knowledge that can help you obtain most compensation for your injury. Ken Danzinger, a shareholder at the firm represented a family whose husband 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 clothing and hair. In 2012, he was diagnosed with mesothelioma. Ken was able speed up the case and the family was awarded an enormous mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement is essential in the FELA case. The railroads that are defending themselves often try to reduce the money that is paid to the victim, claiming they are unable to prove that the illness was caused directly by their exposure at work. This is why it is important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have been suffering the effects of asbestos exposure for a long time. Although cars now outnumber trains for the majority of passenger travel however, the rail system remains an essential element of freight transportation. Asbestos was utilized throughout the railroad industry to shield pipelines, engines and car components.

Rail workers are often exposed to asbestos because of their working with equipment they service and repair. Workers also brought home asbestos dust on their clothes, exposing their children and spouses to the toxic mineral as well.

Railroad companies were aware of asbestos's dangers in 1935, but they continued to use the material on their trains through the 1980s and 90s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result of exposure to the hazardous mineral.

Asbestos victims often file FELA claims against the makers of the asbestos-containing equipment they used. These manufacturers can be held liable for failing to warn consumers about the dangers of their products as well as for producing asbestos-containing materials that were known to be harmful.

For example the family of the BNSF railroad worker who died from mesothelioma filed a suit against Pneumo Abex LLC. The company owned the brake plant at which the deceased's nephew worked. The family claims that the deceased's uncle regularly brought his work clothing home, and when the clothes were on, his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. This lapse of judgment led to mesothelioma which killed the family member.

When asbestos-related illnesses like mesothelioma are diagnosed, workers lose the time they would have been able to enjoy retirement and their final chapters in life. These cases bring to justice businesses that blatantly ignored the health and safety of railroad workers to maximize their own profits.

Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Because a manifest injury must be shown in order to establish a FELA case, thousands of railroad workers who have not developed an asbestos-related illness may not be able to make an claim. This is a clear violation of the underlying principle of tort law, which is to compensate those who suffer because of others' actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers are able to deal with claims under a range of laws and statutes to ensure that injured workers and their families get the justice they deserve.

Asbestos was used in various railway components like locomotive engines, brakes and steam boilers. A lot of these components required machining or cutting which created asbestos dust which could be inhaled by workers. The asbestos dust may also be inhaled, which can cause lung issues like mesothelioma.

When railroad workers develop mesothelioma or any other asbestos-related illness in their lifetime, they may be able to file state-law claims against their employers as well as the companies that made the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. State courts also give priority to cases that are filed by living mesothelioma patients.

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welder 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 as the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that produced asbestos-containing products for which she worked filed a motion for a summary judgment. They asserted that her state law claim was invalid because it did not state the manufacturer knew of the dangers that come with the use of asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and loved ones of those people get the compensation they deserve. His vast experience in FELA cases which include asbestos has helped him secure millions of dollars for his clients through settlements and verdicts. He is committed to helping railroad workers and their families obtain damages from those who are responsible for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims successfully 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. Unfortunately, Buena Park asbestos lawsuit proved to be extremely dangerous for the railway workers who were exposed to the poisonous substance. The material is tough and is able to endure extreme heat, but these qualities are what make it dangerous for the people who work with them.

Due to the toxins found in asbestos, it can take decades for signs like mesothelioma and lung cancer to manifest. These illnesses can be very expensive for families and victims because they require medical attention and have to deal with their physical and emotional pain. Fortunately, those suffering from asbestos-related diseases can receive compensation through various sources.

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

Railroad workers aren't covered by the standard workers compensation system in many states. These workers can sue their employers for compensation under FELA protections.

This is a civil action where the victim has to prove that their employer's negligence caused their mesothelioma, or another injury. However the recent case that was brought to the Supreme Court highlights a roadblock for railroad workers who attempt to claim their employers are responsible for exposing them to asbestos.

In this particular case an individual from the family of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from proceeding because the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. However, it is crucial that railroad workers who have been injured discuss their specific circumstances with an experienced attorney to better ensure that their legal rights are protected.


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