Railroad Asbestos Claims
Railroad workers frequently used or worked with asbestos-containing products because it was a highly robust and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came in contact with it.
Rail workers often brought deadly asbestos dust fibres to their homes on their clothes or in their hair. This could put their families in danger.
Federal Employers Liability Act
Asbestos is a hazard that railroad workers are exposed. Asbestos is a hazardous material that can cause many illnesses such as cancer. Fortunately, railroad employees can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim works similarly to a personal injury lawsuit, with the exception that it is filed against an employer rather than the defendant 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 protects employees injured on the job due to their employer's negligence. It also permits railroad workers to file claims against certain illnesses, such as mesothelioma.
A number of railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations like Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers may sue these companies and manufacturers of asbestos-containing products such as locomotive parts or boilers.
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 a variety of sources in order to help pay for medical expenses, lost income and
9363280 other expenses.
When filing an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining most compensation for your injury. Ken Danzinger, shareholder at the firm represented the family of a man who worked for the California Railroad from 1955 to 1959 as a steam-engine scrapper. He was an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able expedite the case, and the family received a significant mesothelioma settlement.
Understanding the statute of limitation and your rights in a settlement are crucial when dealing with a FELA case. Railroads that defend themselves often attempt to cut the money that is paid to a victim, by claiming they are unable to prove that the illness was caused directly by their exposure to the work environment. It is essential to seek the legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
For many years railroad workers have been suffering from asbestos-related illnesses for a long time. Rail is still an integral part of freight transportation despite the fact that cars are now the most popular mode of travel for passengers. Asbestos has been used in the railroad industry for many years to protect engine parts, pipes and other components of automobiles.
Rail workers are frequently exposed to asbestos because of their work with equipment that they repair and service. Workers wore asbestos dust on their clothes, exposing their families to the toxic mineral.
Although railroad companies were aware of asbestos' dangers as of 1935,
Www.9363280.Xyz they continued to use asbestos on their trains through the 1980s and 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result of years of occupational exposure to the hazardous mineral.
Asbestos victims typically have to file FELA claims against manufacturers of the asbestos-containing equipment they used. These manufacturers can be held accountable for failing to warn about the dangers of their products and
Www.9363280.xyz for producing asbestos-containing products that were found to be harmful.
For instance the family of the BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake plant where the deceased's nephew worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothing at home, and his children would roughhouse him while the clothes were on. This lapse of judgment led to mesothelioma cancer that killed the family member.
When asbestos-related illnesses like mesothelioma is diagnosed workers lose the time they enjoyed retirement and the final chapters in life. These cases hold the companies accountable for having blatantly neglected the safety and health requirements of dedicated railroad employees in order to maximize profits.
Asbestos lawsuits against railroad companies have resulted in compensation for injured workers and their families. Unfortunately, because a showing of a manifest injury is required for bringing a FELA claim, many seemingly healthy railroad workers who never get sick due to asbestos may not be able to bring an claim. This is a clear violation of the tort law principle that compensates those who suffer due to the actions of others.
State Law Claims
While federal law provides the basis for the majority of asbestos lawsuits, a few railroad workers are covered by state law that may provide 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, including locomotive engines, brakes, and steam boilers. Asbestos dust was produced through cutting and machining of these components, which workers could breathe in. The asbestos dust could be inhaled and cause lung issues such as mesothelioma.
When railroad workers suffer from mesothelioma or any other asbestos-related illness in their lifetime, they may be able to file state-law claims against their employers and the companies that made 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 amount of compensation for mesothelioma patients. In addition, state courts frequently offer priority to and swiftly move cases brought by living plaintiffs.
Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding for
9363280.Xyz,
9363280.Xyz, PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment she worked on. 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 produced the asbestos-containing equipment that she worked on filed an application for summary judgment and argued that her state law claim was not valid because it did not allege that the manufacturer was aware of the dangers 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
www.9363280.xyz loved ones of those people obtain the compensation that they deserve. His vast experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in settlements and verdicts for his clients. He is dedicated to helping injured railroad workers and their loved ones recover damages from the parties responsible for their injuries and illnesses, including 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, particularly in steam- and diesel-powered trains. It was also deadly for 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 dangerous to people who work with it.
Due to the toxins found in asbestos, it could take decades for symptoms such as mesothelioma or lung cancer to manifest. These diseases can be extremely costly for victims and families, as they require medical treatment and have to endure physical pain and emotional suffering. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation from various sources.
A mesothelioma lawyer is the most common method through which railroad workers who have been injured can be awarded financial compensation. These claims can be brought in federal court or state courts close to the railroad company. Injury victims must prove that their employer was negligent and they have the right to financial compensation.
Railroad workers aren't covered under the standard workers compensation system in a lot of states. Rather, these workers are legally able to bring a lawsuit against their employers under the protections of FELA.
This is a civil action where the victim has to prove that the negligence of their employer caused mesothelioma or any other injuries. A recent case brought before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers responsible for exposing them to asbestos.
In this case, the family of a deceased railway worker filed an asbestos lawsuit against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding because the claim is based on FELA which overrules state laws regarding asbestos claims. Nevertheless, it is important for railroad workers injured to discuss their specific situation with an experienced attorney to better ensure that all legal rights are secured.
