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Railroad Asbestos Claims

Rail workers worked with asbestos-containing materials a lot because it was a tough and heat-resistant material. But, these same qualities made asbestos a deadly and toxic material for those who came into contact with it.

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

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is a hazardous material which can cause illnesses such as cancer. Thankfully, railroad workers can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but it is filed against the employer instead of an individual defendant as in criminal cases.

The FELA was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA is different from state's worker's compensation laws because it protects employees who are injured on the job because of their employers negligence. It also allows railroad employees to file claims if they suffer from certain diseases such as mesothelioma.

Over the years, many railroad companies have been involved with asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing goods like locomotive parts or boilers.

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

It is essential to choose a lawyer with experience when filing an FELA lawsuit. Simmons Hanly Conroy's attorneys have a wealth mesothelioma expertise and can assist you in getting the most 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 home asbestos dust on his clothing and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able speed up the case and the family was awarded a substantial mesothelioma settlement.

It is essential to understand the time limit and your rights to settlement when settling a FELA claim. Railroads that defend themselves often try to reduce the money that is paid to a victim, claiming they are unable to prove that the illness was caused directly by their negligence on the job. This is why it is so important to seek legal assistance from a seasoned railroad attorney.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for a long time. Rail is still an integral part of freight transportation, even though cars are now the most preferred mode of travel 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 working with equipment they repair and service. Workers also brought asbestos dust home on their clothing, exposing their children and spouses to the harmful mineral too.

While railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ asbestos on their trains through the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases due to years of exposure to asbestos.

Asbestos victims often file FELA claims with the makers of asbestos-containing equipment with which they worked. These manufacturers can be held liable for failing to warn consumers about the dangers of their products and for manufacturing asbestos-containing materials that were known to be harmful.

For instance the family of an BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant at which the nephew who died worked. The family alleges that the deceased's uncle regularly brought his work clothing at home, and that when he wore these clothes his children would play with him and roughhouse him while he was wearing asbestos-covered work clothing. This negligence led to the mesothelioma which killed the family member.

When employees are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold companies accountable for having flagrantly neglected the safety and health demands of railroad workers in order to maximize profits.

Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a demonstration of injury that is manifest is required to bring a FELA claim, many seemingly healthy railroad workers who do not get sick due to asbestos may not be able to bring claims. This is a clear violation of the fundamental principle of tort law, which is 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 against railroad workers, state laws may provide additional protections. Asbestos lawyers can deal with claims under a range of laws and statutes to ensure that injured workers and their families get the amount of compensation they are entitled to.

Asbestos was used in a variety of railway components, including locomotive engines, brakes and steam boilers. Asbestos dust was created through cutting and machining of these components, and workers could breathe in. This asbestos dust can be inhaled and cause lung problems like mesothelioma.

When railroad workers develop mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers as well as the manufacturers of the products that exposed them to dangerous asbestos. These claims are filed in state courts where juries and judges possess vast experience in determining the compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living victims.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder for 9363280.xyz (read this article) PATCO Railroad. She sued the companies who manufactured the asbestos-containing products she worked with. Unfortunately, her family was unable to prevail since the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that produced the asbestos-containing equipment she worked on filed a motion for summary judgement, arguing that her state-law claim was not viable because it did not allege that the company knew about the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who helps individuals and their families get the compensation they deserve. His vast experience in FELA cases that include asbestos exposure, has helped him secure millions of dollars in verdicts and settlements for his clients. He is committed to helping injured railroad workers and their families recover damages from those responsible for their injuries and illnesses, including mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the design and construction of railways. It also caused serious harm to many railway workers exposed to the toxic substance. The material is strong and can endure extreme heat, but these properties makes it dangerous for people who work with them.

It can take years for mesothelioma-related symptoms and lung cancer to manifest due to the toxins found in asbestos. These illnesses can be very costly for victims and families who require medical attention and have to bear the physical pain and emotional trauma. Fortunately, asbestos-related illnesses are eligible for compensation through various sources.

The most common way for railroad workers injured to get financial compensation is through the filing of a lawsuit by a mesothelioma lawyer firm. These lawsuits can be filed in federal court or state courts where a railroad company is located. A victim of injury must be able to prove that the negligence of their employer led to their injury and they are entitled to financial compensation.

As opposed to other types of workplace injuries railroad workers do not have access to the standard workers' compensation system in most states. They are instead qualified to file a lawsuit against their employers under the protections of FELA.

This is a civil action where the injured person must prove that their employer's negligence caused mesothelioma or other injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers responsible for exposing them asbestos.

In this case the family of a deceased railway worker filed an asbestos lawsuit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from going forward because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nevertheless important for injured railroad workers to discuss their specific circumstances with an experienced attorney so that they can better ensure that all legal rights are secured.