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Railroad Asbestos Claims

Rail workers had to work with asbestos-containing products a lot due to its durability and heat-resistant product. But, these same qualities made asbestos toxic and deadly for anyone who came into contact with it.

Most often, railway workers would take asbestos dust that is deadly with them on their clothes and hair. This could expose their families to danger as well.

Federal Employers Liability Act

Asbestos is a dangerous material that railroad workers are exposed to. Asbestos can cause cancer as well as other health problems. Fortunately railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but it is filed against the employer rather than 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 differs from state workers' compensation laws in that it covers employees injured on the job because of their employer's negligence. It also permits railroad workers to file claims against certain illnesses, such as mesothelioma.

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

Some states have their own programs for 9363280.Xyz (Www.9363280.Xyz) workers' compensation, in addition to federal law. Asbestos victims are eligible 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.

If you are filing the FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining most compensation for your injury. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. He was an employee who brought asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case and his family received a significant mesothelioma payout.

It is crucial to know the statute of limitations and your rights to a settlement when dealing with a FELA claim. Defendant railroads often try to reduce the amount paid out to a victim by claiming that they can't prove that their illness is directly linked to their exposure at work. It is important to seek the legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

For decades, railroad workers have suffered from asbestos exposure for years. Although cars now outnumber trains for most passengers, the rail network remains an essential element of freight transportation. Asbestos was used in the railroad industry for many years to protect engine parts, pipes and other components of automobiles.

Rail workers are often exposed to asbestos because of their work with equipment that they repair and service. Workers also brought home asbestos dust on their clothes, which exposed their children and spouses to the toxic mineral, too.

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to employ the material on their trains through the 1990s and into the 1980s. Unfortunately, a large number of workers have developed life-threatening illnesses as a consequence of years of occupational exposure to the dangerous mineral.

Asbestos victims frequently are required to file FELA claims against the manufacturers of the asbestos-containing equipment they used. These manufacturers can be held liable for failing to warn of the dangers of their products as well as for manufacturing asbestos-containing materials that were known to be dangerous.

Pneumo Abex LLC was sued by the family of a BNSF railroad employee who died of mesothelioma. The company was the owner of the brake plant at which the nephew of the deceased worked. The family claims that the deceased's Uncle often brought his asbestos-covered work clothing at home, and his children would roughhouse him when they saw him in these clothes. This lapse in judgment led to mesothelioma that killed the family member.

When asbestos-related diseases like mesothelioma are diagnosed workers are deprived of the time they enjoyed retirement and their final years. These cases are a way to hold accountable corporations that have blatantly disregard for the health and safety of railroad workers to maximize their own profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clearly-defined injury has to be proved to bring a FELA case, countless railroad workers who never suffered from an asbestos-related illness might not be able make a claim. This is a clear violation to the tort law principle of compensation for the victims of other people's actions.

State Law Claims

While federal law provides the foundation for most asbestos lawsuits, certain railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers are able to manage claims under a variety of laws and statutes to ensure injured workers and their families get the compensation they deserve.

Asbestos was extensively used in railway components, such as steam boilers, locomotive engines and brakes. Asbestos dust was produced through cutting and machining of these components, and workers could breathe in. This asbestos dust can be inhaled and cause lung issues such as mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related diseases, they may file a state-law claim 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 extensive experience in determining compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly move cases brought by living plaintiffs.

This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder at PATCO Railroad. She brought a lawsuit against the companies who made asbestos-containing products she worked with. Unfortunately her family was not able to prevail as 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 unconvincing since it did not state that the company knew about the dangers of using asbestos in their products. The Supreme Court 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 which include asbestos exposure, has helped him secure millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families recover damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, especially in diesel- and steam-powered trains. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is extremely durable and capable of withstanding immense amounts of heat; however these properties are what make it hazardous for people who work with it.

It can take years for mesothelioma-related symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These conditions can be extremely expensive for families and victims because they require medical attention and have to bear the physical and emotional pain. Asbestos-related ailments can be paid by a variety sources.

A mesothelioma lawyer is the most popular method by which railroad workers injured are able to receive financial compensation. The claims can be filed in federal court, or state courts located close to the railroad's company. Injured victims must prove their employer was negligent and they have the right to financial compensation.

Railroad workers are not covered by the standard worker compensation system in a number of states. Rather, these workers are legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil lawsuit where the injured person must show that the negligence of their employer caused mesothelioma or other ailment. However, a recent case brought to the Supreme Court highlights a roadblock facing some railroad workers who are trying to make their employers accountable for the exposure they have to asbestos.

In this particular case a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block 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 speak to an attorney about their particular situation so they can be sure that all of their legal rights are protected.