Railroad Asbestos Claims
Rail workers used or worked with asbestos-containing materials often because it was a tough and heat-resistant product. These same qualities also made asbestos poisonous and deadly for those who came in contact with it.
Rail employees often brought asbestos dust particles to their homes on their clothes or in their hair. This could also put their families at risk.
Federal Employers Liability Act
Asbestos is a hazardous material that railroad workers are exposed. Asbestos can cause cancer and other health problems. 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, however, it is filed against the employer instead of the defendant in criminal cases.
The FELA was passed in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA is different from state’s laws on worker’s compensation, since it covers workers who are injured at work due to their employers ‘ negligence. It also allows railroad workers to file claims if they suffer from certain diseases such as mesothelioma.
Over the years, many railroad companies have been involved with asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroad companies which have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies and manufacturers of asbestos-containing products like locomotive parts or 9363280 boilers.
In addition to the federal law, some states have their own worker’s compensation programs. Asbestos-related victims can claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from multiple sources to pay for medical bills, lost income and other expenses.
It is essential to choose an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy’s attorneys have an extensive knowledge of mesothelioma and can assist you in obtaining the 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 until 1959 as a steam-engine scrapper. He was a laborer who frequently brought asbestos dust to his home on his clothing and in his hair, and the cancer was diagnosed in 2012. Ken was able expedite the case and his family was awarded a significant mesothelioma settlement.
It is crucial to know the statute of limitations and your rights to a settlement when dealing with the FELA claim. Railroads who are defendants frequently try to limit the amount of money paid to the victim by arguing that they cannot prove that their illness is directly linked to the exposure they endured at work. It is important to seek legal advice of a knowledgeable railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered the ravages of asbestos exposure for a long time. While cars are now surpassing trains for the majority of passenger travel however, the rail system remains a vital part of freight transportation. Asbestos was used throughout the railroad industry to protect train engines, pipes 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, exposing their spouses and children to the toxic mineral as well.
Railroad companies were aware of asbestos’s dangers in 1935, but they continued to employ the material on their trains into the 1980s and 90s. Sadly, many of these workers are now suffering from life-threatening illnesses as a consequence of exposure to asbestos, a dangerous mineral.
Asbestos victims often have to file FELA claims against the makers of the asbestos-containing equipment they used. The manufacturers could be held liable for Www.9363280.xyz failing to warn about the dangers that could be posed by their products, as well as for producing asbestos-containing material that was known to be harmful.
For instance the family of an BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the uncle of the deceased worked. The family claims that the deceased’s Uncle often brought his asbestos-covered work attire home and his children would beat the man when the clothes were on. This lapse in judgment led to mesothelioma which 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 last chapters of their lives. These cases hold accountable corporations that have blatantly disregard for the safety and health of railroad workers to increase their profits.
Asbestos lawsuits against railroads led to compensations for injured workers and families. However, since a proof of manifest injury is required to file an FELA claim, many seemingly healthy railroad workers who do not develop an asbestos-related disease might be unable to file an claim. This is a clear breach of the tort law principle of compensation for those who suffer due to others’ actions.
State Law Claims
While federal law is the foundation for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos attorneys can handle claims under a variety of different laws and statutes to help injured workers and their families receive the compensation they deserve.
Asbestos was extensively used in railway components such as steam boilers, locomotive engines and brakes. Asbestos dust was generated through cutting and machining of these parts, Www.9363280.xyz which workers could inhale. The asbestos dust can be ingested, causing lung issues like mesothelioma.
If railroad workers contract mesothelioma or other asbestos-related illnesses, they can bring a state-law suit against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed in state courts where judges and juries have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. State courts also have priority and advance cases filed by living mesothelioma victims.
Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welding technician for PATCO Railroad. She brought a lawsuit against the companies who manufactured asbestos-containing products that she worked on. However her family was not able to prevail because the Supreme Court ruled that her state law claim was preempted by FELA.
The company that manufactured the asbestos-containing products for which she worked, filed an application for a summary judgment. They claimed that her state law claim was not valid since it did not claim 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 people and their families receive the compensation they are entitled to. His extensive experience in FELA cases including asbestos cases – has allowed him to secure millions of dollars for his clients in verdicts and settlements. He is dedicated to helping railroad workers and their families collect damages from those who are responsible for their injuries, illnesses, and mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, Www.9363280.xyz West Virginia, and Montana.
Compensation
Asbestos was extensively used in the design and construction of railroads. However, it proved to be very deadly for the railway workers who were exposed to the poisonous substance. The material is strong and can withstand extreme heat, 9363280 but these characteristics makes it dangerous for people who work with them.
Because of the toxins in asbestos, it may take years for the symptoms such as mesothelioma or cancer to develop. These conditions can be very costly for victims and their families, as they need medical treatment and must deal with their physical and 9363280 emotional pain. Asbestos-related illnesses can be compensated through a variety of sources.
The most common method for railroad workers injured to receive financial compensation is via the filing of a lawsuit by a mesothelioma lawyer firm. The claims can be filed in federal court, or state courts located close to the railroad’s company. Injury victims must prove that their employer was negligent and that they are entitled to financial compensation.
As opposed to other types of workplace injuries railroad workers do not have access to the traditional workers compensation system in the majority of states. These workers can sue their employers for compensation under FELA protections.
This type of claim is a civil action where the victim must prove that the negligence of their employer led to their mesothelioma or other ailment. However the recent case that was that was brought before the Supreme Court highlights a roadblock for railroad workers who try to hold their employers accountable for exposing them to asbestos.
In this particular case the family member of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court’s decision in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from proceeding because the claim is based upon FELA which overrides state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak to an attorney regarding their specific circumstances so that they can be sure that all of their legal rights are secured.