Is Railroad Asbestos Claims Really As Vital As Everyone Says?

Railroad Asbestos Claims

Railroad workers frequently used or worked with asbestos-containing materials due to its durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly to those who came into contact with it.

Rail employees often brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families in danger.

Federal Employers Liability Act (FELA)

Asbestos is a dangerous material that railroad workers are exposed. 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 injuries lawsuit, except that it is filed against an employer and not the defendant in criminal cases.

The FELA is a federal law enacted in the year 1908 to safeguard railroad workers who were injured on the job. FELA differs from state worker's compensation laws in that it covers employees who are injured at work because of their employer's negligence. It also permits railroad workers to file claims when they develop certain illnesses 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 as well as municipal and local railroads as well as state railroads. Railroad employees are able to sue these companies under FELA and also manufacturers of asbestos-containing items like 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. This permits families to seek compensation from various sources in order to help pay for medical bills, lost income and other expenses.

It is crucial to find an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have an extensive knowledge of mesothelioma and can assist you in obtaining the most compensation for your injury. Ken Danzinger, a shareholder at the firm represented the family of a man who worked for the California railroad from 1955 to 1959 as a scrapper of steam engines.  Deerfield Beach asbestos lawyer  was a laborer who frequently brought asbestos dust to his home on his clothes and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able to speed up the case and the family was awarded a significant mesothelioma payout.

Understanding the statute of limitations and your rights in a settlement are crucial when dealing with a FELA case. The railroads that are defending themselves often attempt to cut the amount they pay to a victim, by claiming they cannot prove the illness was directly caused by 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. Rail is still a vital component of freight transportation despite the fact that cars are the most popular mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield pipelines, engines and car parts.

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

While railroad companies were aware of asbestos' dangers by 1935 but they continued to employ it on their trains until the 1980s and the 1990s. Unfortunately, a lot of these workers have now developed life-threatening diseases as a result of their exposure to the hazardous mineral.

Asbestos victims often are required to file FELA claims with the makers of asbestos-containing equipment for which they worked. The manufacturers could be held liable for not advising of the risks associated with their products, or for producing asbestos-containing materials that was known to be dangerous.

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

When asbestos-related diseases such as mesothelioma is diagnosed workers lose the time they would have been able to enjoy retirement and their final years. These cases make companies accountable who have flagrantly ignored the health and safety requirements of dedicated railroad employees in order to maximize their profits.

Asbestos suits against railroad companies resulted in compensation for families of injured workers. Since a clearly-defined injury must be proven to bring the possibility of a FELA case, thousands of railroad workers who have never suffered from an asbestos-related illness might not be able make claims. This is clearly in violation of the fundamental principle of tort law, which is to compensate those who suffer because of others' actions.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits filed against railroad workers, state laws may provide additional protections. Asbestos attorneys can handle claims under a variety of different statutes and laws to help injured workers and their families get the compensation they deserve.

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

If railroad workers develop mesothelioma, or other asbestos-related diseases, they may make a claim under the state law against their employers as well as the makers of the products which exposed them to asbestos. These claims are brought before state courts where juries and judges possess vast experience in determining the amount of compensation for mesothelioma sufferers. State courts also offer priority to cases that are filed by living mesothelioma patients.

Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products that she worked with. However her family was not able to prevail as 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 valid since it did not state that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists those who are affected and family members of those who suffer from the same get the compensation they are entitled to. His extensive experience in FELA cases which include asbestos has helped him secure millions of dollars for his clients through verdicts and settlements. He is committed to helping railroad workers and their families recover damages from those who are accountable for their injuries, illnesses, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was extensively used in the construction and design of railroads. It also caused serious harm to the railway workers who were exposed the toxic substance. The material is strong and can endure extreme heat, but these characteristics make it dangerous for those who work with them.

Due to the toxins found in asbestos, it can take decades for symptoms such as mesothelioma or lung cancer to manifest. These conditions can be extremely expensive for the families of victims because they require medical treatment and have to deal with their physical pain and emotional trauma. Asbestos-related ailments can be paid by a variety of sources.

The most common method for injured railroad workers to receive financial compensation is via a lawsuit filed with a mesothelioma law firm. The claims can be filed in federal courts or state courts close to the railroad company. Injured victims must prove their employer was negligent and that they are entitled to financial compensation.

Unlike most other workplace injuries railroad workers don't have access to the standard workers compensation system in the majority of states. They are instead legally able to bring a lawsuit against their employers under the protections of FELA.

This type of claim is a civil action where the injured person must show that the negligence of their employer led to their mesothelioma or another injury. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers responsible for exposing them to asbestos.

In this particular instance, an individual from the family of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could block this lawsuit from progressing since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney about their particular situation so they can be sure that all of their legal rights are secured.