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Railroad Asbestos Claims

Rail workers used or worked with asbestos-containing materials a lot due to its durability and heat-resistant product. These same qualities also made asbestos poisonous and deadly to anyone who came in contact with it.

Most often, railway workers often carry deadly asbestos dust fibers home with them on their clothes and hair. This could put their families in danger as well.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is a hazard that can cause a variety of illnesses, including cancer. Fortunately, railroad employees are able to get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, 9363280 but it is filed against the employer rather than the defendant in 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 protects employees who are injured at work due to their employer's negligence. It also allows railroad workers to file claims if they suffer from certain diseases like mesothelioma.

Over the years, a number of railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad employees are able to sue these companies under FELA as well as manufacturers of asbestos-containing products, such as locomotive parts, boilers and railcar siding.

Certain states have their own programs for workers' compensation, in addition to federal law. Asbestos-related victims can claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from multiple sources to pay medical expenses, lost income and 9363280.Xyz other expenses.

When filing an FELA claim it is essential to work with an experienced attorney. Simmons Hanly Conroy's lawyers have vast knowledge in mesothelioma and can assist you in getting maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented an individual whose husband 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 clothing and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to 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 dealing with the FELA case. Defendant railroads often try to reduce the amount paid to the victim by claiming that they cannot prove that the illness is directly connected to the exposure they endured at work. This is why it is so important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

For many years railroad workers have suffered from asbestos exposure for years. While cars are now surpassing trains for the majority of passengers, the rail network remains a vital part of freight transportation. Asbestos has been used in the railroad industry for decades to insulate engine parts, pipes and automobile components.

Rail workers are frequently exposed to asbestos as they work with the equipment they service and repair. Workers wore asbestos dust on their clothes, exposing their families to the toxic mineral.

While railroad companies were aware of the dangers of asbestos by 1935 however, they continued to use asbestos in their trains until the 1980s and 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses as a result years of exposure to asbestos.

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

For example the family of an BNSF railroad worker who died of mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the plant that made brakes where the uncle who died was employed. The family claims that the deceased's uncle often brought his asbestos-covered work attire home and his children would slap the man when the clothes were on. This lapse in judgment led to mesothelioma cancer that killed the family member.

If workers are diagnosed with asbestos-related diseases like mesothelioma, they are taken away from the time they could have spent enjoying retirement and the final chapters of their lives. These cases bring to justice businesses that blatantly ignored the health and safety of railroad workers to maximize their own profits.

Asbestos lawsuits against railroads have resulted in compensation for injured workers and their families. Since a clearly-defined injury must be proven to be able to bring an FELA case, countless railroad workers who have not been diagnosed with an asbestos-related disease may not be able to make an claim. This is a clear infringement to the tort law principle of compensation for those who suffer as a result of others' actions.

State Law Claims

While federal law provides the foundation for many asbestos lawsuits, a few railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers can deal with claims under various statutes and laws to help injured workers get the compensation they deserve.

Asbestos was extensively used in railway components, such as steam boilers, 9363280 locomotive engines and brakes. Asbestos dust was produced by cutting and machining many of these parts, which workers could inhale. This asbestos dust can also be ingested, causing lung issues like mesothelioma.

When railroad workers suffer from mesothelioma, or other asbestos-related diseases, they may have state-law claims against their employers and the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the proper compensation for mesothelioma victims. State courts also have priority to cases that are filed by living victims.

This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma after working as a welder at PATCO Railroad. She sued the companies who manufactured asbestos-containing products that she worked on. Unfortunately her family was unable to prevail as the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that produced asbestos-containing products for which she worked filed a motion for a summary judgment. They asserted that her state law claim was invalid because it did not state that the company was aware of the dangers associated with asbestos being used in its 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 vast experience in FELA cases - including those involving asbestos has helped him secure millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families collect damages from those responsible for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the design and construction of railroads. However, it proved to be extremely deadly for the railway workers who were exposed to the poisonous substance. The material is extremely tough and capable of withstanding immense amounts of heat; however these qualities are what make it dangerous for workers who work with it.

It could take years for mesothelioma symptoms and lung cancer to show up due to the toxins that are found in asbestos. These conditions can be very expensive for patients and their families, as they require medical treatment and have to deal with their physical and emotional suffering. Fortunately, those suffering from asbestos-related diseases can receive compensation from various sources.

A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can be awarded financial compensation. The claims can be filed in federal courts or state courts in which railroad companies are located. An injured victim must be able to prove that the negligence of their employer led to their injury and they are owed financial compensation.

Unlike most other types of workplace injuries, railroad workers do not have access to the typical workers compensation system in the majority of states. They are instead eligible to file a lawsuit against their employers under the protections of FELA.

This type of claim is a civil suit where the injured person must prove that the negligence of their employer caused their mesothelioma, or other ailment. However the recent case that was that was brought before the Supreme Court highlights a roadblock facing some railroad workers who try to claim their employers are responsible for exposing them to asbestos.

In this case the family of a deceased railway worker filed an asbestos suit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from progressing because the claim is based on FELA which overrules 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 secured.