5 Railroad Asbestos Claims Leçons From The Pros

Railroad Asbestos Claims

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

Rail workers often brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families at risk as well.

Federal Employers Liability Act (FELA)

Asbestos is a hazardous material that railway workers are exposed to. Asbestos is known to cause cancer and other health issues. Fortunately railroad workers have the right to compensation under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but is filed against the employer instead of an individual defendant as in criminal cases.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers employees who are injured at work due to the negligence of their employers. It also permits railroad workers to file claims against certain illnesses, such as mesothelioma.

Numerous railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroads who have been involved in asbestos litigation throughout 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, a few states have their own worker's compensation programs. Asbestos-related mesothelioma patients are able to file state-law claims, as well as FELA claims.  Palmdale asbestos lawsuit  permits families to seek compensation from various sources to help pay medical bills, lost income and other expenses.

It is essential to choose an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining the maximum compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a laborer who often brought asbestos dust to his home on his clothing and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able speed up the case, and the family received a substantial mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on an FELA case. Railroads that defend themselves often attempt to cut the money that is paid to a victim, claiming they cannot prove the illness was caused directly by their negligence on the job. It is essential to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for a long time. Although cars have now surpassed trains for the majority of passengers, the rail network remains an essential element of freight transportation. Asbestos has been used in the railroad industry for a long time to protect engine parts, pipes, and other automobile components.

In many cases, railroad workers were exposed to asbestos due to working contact with the equipment they were servicing or fixing. Workers brought asbestos dust home on their clothing, exposing their families to the harmful mineral.

Although railroad companies were aware of the dangers of asbestos by 1935, they continued to use asbestos on their trains through the 1980s and 1990s. Sadly, many of these workers are now suffering from life-threatening diseases as a result of exposure to the hazardous mineral.

Asbestos victims frequently are required to file FELA claims with the manufacturers of asbestos-containing equipment for which they worked. They can be held liable for failing to warn of the dangers of their products as well as for producing asbestos-containing materials that were found to be dangerous.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company owned the brake plant at which the nephew of the deceased worked. The family alleges that the deceased's uncle frequently brought work clothes home, and when he wore these clothes, his children would play with him and roughhouse him while wearing asbestos-covered work clothing. This lapse of care led to the mesothelioma that killed the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers lose the time they would have enjoyed retirement and the final years. These cases are a way to hold accountable companies that flagrantly disregarded the safety and health of their employees in order to increase their profits.

Asbestos lawsuits filed against railroad companies have resulted in compensation for injured workers and their families. Since a clear injury must be proven to bring the possibility of a FELA case, many railroad workers who have not been diagnosed with an asbestos-related disease may not be able to make claims. This is a clear breach to the tort law principle of compensation for those who suffer due to other people's actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, some railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers are able to handle claims under various statutes and laws in order to help injured workers receive the compensation they need.

Asbestos was used extensively in railway components, such as steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which resulted in the formation of airborne asbestos dust that could be breathed in by workers. This asbestos dust can be inhaled and cause lung problems like mesothelioma.

When railroad workers suffer from mesothelioma or other asbestos-related illnesses, they may have state-law claims against their employers as well as the producers of the products that exposed them to dangerous asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. Additionally, state courts typically give priority to and speedily move cases brought by living plaintiffs.

This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welding worker for PATCO Railroad. She sued the companies who made the asbestos-containing products she worked with. The family was not able to prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that produced asbestos-containing products for which she worked, filed a motion for a summary judgment. They argued that her state law claim was invalid because it did not allege that the company was aware of the dangers associated with using asbestos in its products. The Supreme Court dismissed her claims.

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

Compensation

Asbestos was used extensively in the construction of railroads, specifically in steam- and diesel-powered trains. Unfortunately, it also proved to be very deadly for the railway workers who were exposed to the toxic substance. The material is strong and can be able to withstand extreme heat, however these characteristics make it dangerous for the people who work with them.

It could take a long time for symptoms like mesothelioma and lung cancer to appear due to the toxins found in asbestos. These conditions can be very expensive for the victims and their families since they need medical treatment and have to deal with their physical and emotional pain. Asbestos-related ailments can be paid by a variety of sources.

The most popular method for injured railroad workers to receive financial compensation is via the filing of a lawsuit with a mesothelioma law firm. These lawsuits can be filed in federal courts or state courts in which a railroad company is located. An injury victim must be able to prove that the negligence of their employer led to their injury and they are owed financial compensation.

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

This type of claim is a civil suit in which the person who has suffered injury must prove that negligence by their employer caused mesothelioma or another injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them asbestos.

In this case, the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nonetheless essential that railroad workers who have been injured speak with an attorney about their specific circumstances so that they can be sure that all of their legal rights are protected.