Comprehensive Guide To Railroad Asbestos Claims

Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials often because it was a durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly to those who came in contact with it.

Most often, railway workers often carry deadly asbestos dust fibers home with them on their clothing and in their hair. This could put their families in danger as well.

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed. 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 is similar to a personal injury lawsuit but it is filed against the employer rather than a defendant like a criminal case.

The FELA was enacted in 1908 and is the federal law that protects 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 due to the negligence of their employers. Additionally, railroad employees are able to file claims for certain diseases like mesothelioma.

Over the years, many railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar as well as local state and municipal railroads. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing items like boilers, locomotive parts, and railcar siding.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related victims can file state law mesothelioma claims in addition to FELA claims. This allows families to pursue compensation from multiple sources to help pay for medical bills, lost income and other expenses.

If you are filing the FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can assist you in obtaining 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 an employee who carried asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and the family was awarded an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial in an FELA case. Railroads who are defendants frequently try to limit the amount paid out to a victim by claiming that they cannot prove that their illness is directly related to their exposure at work. This is why it is important to seek legal advice from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for decades. While cars are now surpassing trains for most passengers, the rail network remains an essential element of freight transportation. Asbestos was used in the railroad industry for a long time to insulate engine parts pipes and automobile components.

Rail workers are often exposed to asbestos through their working with equipment they maintain and repair. Workers wore asbestos dust on their clothes, exposing their families to the toxic mineral.

While railroad companies knew of asbestos' dangers as of 1935 however, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, a lot of these workers are currently suffering from serious illnesses due to years of exposure to asbestos.

Asbestos victims frequently have to file FELA claims with the manufacturers of asbestos-containing equipment with which they worked. These manufacturers may be held liable for not warning about the dangers that could be posed by their products, and for manufacturing asbestos-containing material that was known to be harmful.

For example, the family of the BNSF railroad worker who passed away from mesothelioma has filed a lawsuit against Pneumo Abex LLC.  Vallejo asbestos lawyer  was the owner of the brake manufacturing plant in which the uncle who died was employed. The family alleges the deceased's uncle would often bring his asbestos-covered work clothing to his home and that his children would beat the man when the clothes were on. This negligence caused the mesothelioma that caused the death of the family member.

If workers are diagnosed with asbestos-related ailments like mesothelioma, they are robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases are a way to hold accountable companies that flagrantly disregarded the health and safety of dedicated railroad employees to maximize their own profits.

Asbestos suits against railroads led to compensations for families and workers who were injured. Since a clearly-defined injury must be proven in order to establish a FELA case, thousands of railroad workers who never been diagnosed with an asbestos-related disease may not be able to file a claim. This is a clear infringement of the tort law principle of compensation for those who suffer as a result of other people's actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, a few railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers can deal with claims under various statutes and laws in order to ensure injured workers receive the compensation they need.

Asbestos was utilized in various railway components like locomotive engines, brakes, and steam boilers. Asbestos dust was produced by machining and cutting many of these components, which workers could breathe in. The asbestos dust can be ingested, causing lung issues like mesothelioma.

When railroad workers suffer from mesothelioma or any other asbestos-related illness, they may have 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 before state courts which are where juries and judges have vast experience in determining the amount of compensation for mesothelioma patients. Additionally, state courts typically give priority to and speedily advance cases brought 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 filed a lawsuit against the companies that made asbestos-containing products she worked with. However her family was unable to prevail because the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that made the asbestos-containing products for which she worked filed a motion for a summary judgment. They claimed that her state law claim was not valid since it did not claim the manufacturer knew of the dangers associated with using asbestos in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the family members of those who suffer from the same obtain the compensation that they are entitled to. His vast experience in FELA cases - including those involving asbestos has helped him secure millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families recover damages from those who are responsible for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the design and construction of railroads. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is extremely tough and can withstand huge quantities of heat. However these qualities are what make it hazardous to those who work with it.

It could take years for mesothelioma symptoms and lung cancer to appear due to the toxins that are found in asbestos. These conditions can be very expensive for the victims and their families as they require medical treatment and are faced with physical and emotional pain. Asbestos-related illnesses can be compensated through a variety of sources.

A mesothelioma lawyer is the most commonly used method by which railroad workers injured can be awarded financial compensation. These claims can be filed in federal courts or state courts in which the railroad company is. An injured victim must be able to prove that their employer's negligence led to their injury and they are entitled to financial compensation.

Railroad workers aren't covered under the standard workers compensation system in a lot of states. Instead, they are qualified to file a lawsuit against their employers under the protections of FELA.

This is a civil lawsuit in which the person who is injured has to demonstrate that the negligence of their employer caused their mesothelioma, or another injuries. However, a recent case brought to the Supreme Court highlights a roadblock facing some railroad workers who try to claim their employers are responsible for the exposure they have to asbestos.

In this particular case a family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured talk to an attorney about their particular situation so they can be sure that all of their legal rights are secured.