Railroad Asbestos Claims
Railroad workers often utilized or worked with asbestos-containing materials because it was a durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came into contact with it.
Often, rail employees would take asbestos dust particles that are deadly on their clothes and hair. This could expose their families to danger as well.
Federal Employers Liability Act (FELA)
Asbestos is a hazardous material that railroad workers are exposed. Asbestos is a hazard that can cause a variety of health issues such as cancer. 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 is filed against the employer instead of a defendant like criminal cases.
The FELA was enacted 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 on the job due to their employer's negligence. Additionally, railroad employees are able to file claims for specific illnesses, such as mesothelioma.
A number of railroad companies have been involved in asbestos litigation throughout the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies who have been involved in asbestos litigation over the years. Railroad employees can sue these companies under FELA as well as manufacturers of asbestos-containing items like boilers, locomotive parts and railcar siding.
Certain states have their own programs for workers' compensation in addition to federal law. Asbestos sufferers are able to file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from a variety of sources to help pay medical bills, lost wages and other costs.
When filing an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining the maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was a worker who brought asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and his family was awarded a significant mesothelioma compensation.
It is important to be aware of the time limit and
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Asbestos Manufacturers
For decades railroad workers have suffered from asbestos exposure for years. Rail remains an important part of freight transportation even though automobiles are now the most popular mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield train engines, pipes and car components.
Rail workers are frequently exposed to asbestos as they work with the equipment they repair and service. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral.
While railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ it on their trains until the 1980s and 1990s. Unfortunately, many of these workers are currently suffering from serious illnesses as a result years of exposure to asbestos.
Asbestos victims typically file FELA claims with the makers of asbestos-containing equipment for which they worked. These manufacturers can be held liable for failing to warn of the dangers of their products as well as for producing asbestos-containing materials that were known to be dangerous.
Pneumo Abex LLC was sued by the family of a BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant in which the deceased's nephew worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire at home,
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If workers are diagnosed with asbestos-related diseases such as mesothelioma, they're taken away from the time they could have spent enjoying retirement and
www.9363280.Xyz the final chapters of their lives. These cases are a way to hold the companies accountable for having blatantly neglected the safety and health requirements of dedicated railroad workers in order to maximize profits.
Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Unfortunately, because a showing of injury that is manifest is required to bring an FELA claim, many healthy railroad workers who don't suffer from an asbestos-related illness may be unable to make such a claim. This is an obvious violation of the fundamental principle of tort law, which is to provide compensation for those who suffer because of others' actions.
State Law Claims
While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state law could provide additional protections. Asbestos lawyers can handle claims under a variety of different laws and statutes to ensure injured workers and their families receive the amount of compensation they are entitled to.
Asbestos was employed in various railway components including locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which created asbestos dust which could be inhaled by workers. This asbestos dust can also be ingested, causing lung diseases like mesothelioma.
When railroad workers develop mesothelioma or other asbestos-related illnesses, they may have state-law claims against their employers as well as the manufacturers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. Additionally, state courts typically give priority to and quickly move cases filed 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 sued the companies who manufactured asbestos-containing products that she worked on. 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 manufactured the asbestos-containing equipment she worked on filed a motion for summary judgement in support of her state-law claim was unconvincing because it did not claim that the manufacturer knew the dangers 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 extensive experience in FELA cases including asbestos cases - has helped him to obtain millions of dollars for his clients through verdicts and settlements. He is committed to helping injured railroad workers and their loved ones 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 extensively utilized in the construction and design of railroads. It also caused serious harm to railroad workers who were exposed to the toxic substance. The material is very durable and is able to withstand massive amounts of heat; however these qualities are the reason it is dangerous to people who work with it.
It could take a long time for mesothelioma-related symptoms and lung cancer to appear due to the toxins found in asbestos. These conditions can be very expensive for the victims and their families as they require medical care and must deal with their physical and emotional discomfort. Fortunately, those suffering from asbestos-related diseases are eligible for compensation from a variety of sources.
A mesothelioma lawyer is the most commonly used way that injured railroad workers can be awarded financial compensation. These lawsuits can be filed in federal court or state courts where a railroad company is located. An injured victim must demonstrate that the negligence of their employer caused their injury, and they are owed financial compensation.
Railroad workers are not covered under the standard workers compensation system in a lot of states. These workers can sue their employers for compensation under FELA protections.
This type of claim is a civil action where the injured person must show that their employer's negligence caused their mesothelioma, or other ailment. However an upcoming case filed before the Supreme Court highlights a roadblock that railroad workers face when they attempt to make their employers accountable 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 because the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their specific circumstances with an experienced lawyer to better ensure all legal rights are protected.
