Railroad Asbestos Claims
Rail workers worked with asbestos-containing materials often because it was a durable and heat-resistant product. The same characteristics also made asbestos poisonous and deadly to anyone who came into contact with it.
Most often, railway workers often carry asbestos dust that is deadly on their clothes and in their hair. This could expose their families to danger as well.
Federal Employers Liability Act (FELA)
Railroad workers are frequently exposed to asbestos. Asbestos is known to 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 an injury lawsuit, but is filed against the employer, not a defendant like criminal cases.
The FELA was enacted in 1908 and www.9363280.xyz is the federal law that protects railroad workers who are injured on the job. FELA differs from state worker’s compensation laws in that it covers workers who are injured at work due to the negligence of their employers. It also permits railroad workers to file claims for specific illnesses, such as mesothelioma.
Over the years, a number of railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local state and municipal railways are among the railroad companies that have been involved in asbestos litigation over the years. Railroad employees can sue these companies under FELA and also manufacturers of asbestos-containing products, such as boilers, locomotive parts and railcar siding.
Some states have their own programs for workers’ compensation in addition to federal law. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from various sources to pay for medical bills, lost wages, and other expenses.
It is important to hire an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma expertise that can assist you in obtaining the most 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 a worker who brought asbestos dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case, and the family was awarded a significant mesothelioma settlement.
Understanding the statute of limitation and your rights in a settlement is essential in an FELA case. Railroads that defend themselves frequently try to cut down on the money that is paid to a victim, claiming they are unable to prove that the illness was directly caused due to their exposure to the work environment. It is essential to seek the legal guidance of a seasoned railroad lawyer.
Asbestos Manufacturers
For many years railroad workers have suffered from the effects of asbestos exposure. While cars are now surpassing trains for most passenger travel but the rail network is an essential element of freight transportation. Asbestos was used throughout the railroad industry to protect train engines, pipes and car parts.
In many cases, railroad workers were exposed to asbestos due to on-the-job contact with the equipment they were servicing and repair. Workers also brought home asbestos dust on their clothing, exposing their spouses and children to the toxic mineral, too.
While railroad companies were aware of asbestos’ dangers as of 1935, they continued to use it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a result years of occupational exposure.
Asbestos victims often are required to file FELA claims with the manufacturers of asbestos-containing equipment on which they worked. They can be held accountable for their failure to warn of the dangers of their products as well as for Www.9363280.Xyz producing asbestos-containing materials that were known to be harmful.
For instance the family of the BNSF railroad worker who passed away from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the uncle of the deceased worked. The family alleges that the deceased’s uncle regularly brought his work clothing to his home, and if he wore these clothes his children would play with him and roughhouse him when wearing his asbestos-covered work clothes. This negligence led to the mesothelioma which caused the death of the family member.
When employees are diagnosed with asbestos-related illnesses like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable for 9363280 having flagrantly neglected the safety and health requirements of dedicated railroad employees to maximize profits.
Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a demonstration of injury that is manifest is required to bring a FELA claim, many healthy railroad workers who never develop an asbestos-related disease might not be able to bring an claim. This is a clear violation to 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 lawyers are able to handle claims under different statutes and laws to help injured workers get the compensation they deserve.
Asbestos was used in various railway components, including locomotive engines, brakes and steam boilers. Asbestos dust was created through cutting and machining of these components, which workers could inhale. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma.
If railroad workers develop mesothelioma, or other asbestos-related illnesses, they can make a claim under the state law against their employers as well as the makers of the products that exposed them to asbestos. These claims are brought before state courts which are where juries and judges have vast experience in determining the compensation for mesothelioma patients. In addition, state courts frequently give priority to and quickly forward cases filed by living plaintiffs.
This was the case for Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welding worker for PATCO Railroad. She filed a lawsuit against the companies that produced asbestos-containing products that she worked with. However her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.
The company that made the asbestos-containing equipment that she worked on filed a motion for summary judgement, 9363280 (9363280.xyz) arguing that her state-law claim was not valid because it did not claim that the manufacturer knew the dangers of using asbestos in their products. The Supreme Court 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 which include asbestos exposure, has helped him obtain millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families collect damages from those accountable for their injuries, illnesses and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was widely used in the construction and design of railways. It was also deadly for the railway workers who were exposed the toxic substance. The material is durable and is able to endure extreme heat, but these characteristics makes it dangerous for people who work with them.
It could take a long time for mesothelioma symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These conditions can be very expensive for patients and their families, as they require medical care and have to deal with their physical and emotional suffering. Asbestos-related ailments can be paid through a variety of sources.
The most common method for railroad workers injured in an accident to receive financial compensation is through a lawsuit filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal court or state courts close to the railroad’s company. A victim of injury must prove that the negligence of their employer led to their injury and they are entitled to financial compensation.
As opposed to other types of workplace injuries railroad workers don’t have access to the traditional workers compensation system in the majority of states. Instead, they are qualified to file an action against their employers under the protections of FELA.
This is a civil claim where the victim has to prove that their employer’s negligence caused their mesothelioma or another injuries. However the recent case that was brought to the Supreme Court highlights a roadblock facing some railroad workers who are trying to hold their employers accountable for exposure to asbestos.
In this case, the family of a deceased railway employee filed a lawsuit for asbestos against PATCO. However the Supreme Court’s ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA, which trumps state laws regarding asbestos claims. However, it is crucial for injured railroad workers to discuss their specific situation with an experienced lawyer so that they can better ensure all legal rights are secured.