Five Railroad Asbestos Claims Projects For Any Budget

Railroad Asbestos Claims

Railroad workers often utilized or worked with asbestos-containing materials because it was a highly robust and heat-resistant material. The same characteristics also made asbestos poisonous and deadly to anyone who came in contact with it.

Rail employees often carried asbestos dust particles home on their clothing or in their hair. This could put their families in danger.

Federal Employers Liability Act (FELA)

Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer as well as other health issues. Fortunately railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim works similarly to a personal injuries lawsuit, but it is filed against an employer, not an individual defendant like in criminal cases.

The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers employees who are injured at work because of their employer's negligence. It also allows railroad workers to file claims when they suffer from certain ailments like mesothelioma.

Several railroad companies have been involved in asbestos litigation over the years. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing goods like locomotive parts or boilers.

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos sufferers are able to make state-law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from multiple sources in order to help pay medical bills, lost income, and other expenses.

It is crucial to find a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can help you obtain most compensation for your injury. Ken Danzinger, shareholder at the firm, represented a family member who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was an employee who brought asbestos dust home on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case, and the family received a significant mesothelioma payout.

Understanding the statute of limitation and your rights in a settlement is essential when deciding on the FELA case. Railroads who are defendants frequently try to reduce the amount of money paid out to a victim by arguing that they cannot prove that the illness is directly connected to their work-related exposure. This is why it is important to seek legal advice from a seasoned railroad attorney.

Asbestos Manufacturers

For decades, railroad workers have suffered from asbestos-related illnesses for a long time. While cars are now surpassing trains for most passenger travel but the rail network is a vital part of freight transportation. Asbestos was used in the railroad industry for decades to insulate engine parts pipes and other components of automobiles.

Rail workers are frequently exposed to asbestos as they work with the equipment they service and repair. Workers brought asbestos attorney dust home on their clothing, which exposed their families to the poisonous mineral.

While railroad companies were aware of the dangers of asbestos by 1935, 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 diseases due to years of exposure to asbestos.

Asbestos victims frequently have to file FELA claims with the makers of asbestos-containing equipment with which they worked. The manufacturers could be held accountable for failing to warn about the dangers of their products as well as for producing asbestos-containing products that were known to be dangerous.

For example the family of the BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company owned the brake manufacturing plant where the uncle of the deceased was employed. The family alleges the deceased's uncle often brought his asbestos-covered work clothes home and his children would slap him while they saw him in these clothes. This negligence caused the mesothelioma which caused the death of the family member.

When asbestos-related diseases such as mesothelioma is diagnosed, workers lose the time they would have been able to enjoy retirement and the final years of life. These cases bring to justice companies that flagrantly disregarded the health and safety of their employees in order to increase their profits.

Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a clear injury must be shown in order to establish the possibility of a FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able make an claim. This is a clear infringement of the tort law principle that compensates those who suffer due to others' actions.

State Law Claims

While federal law provides the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers can handle claims under a variety of statutes and laws in order to help injured workers receive the compensation they need.

Asbestos was widely used in railway components like steam boilers, locomotive engines and brakes. Asbestos dust was created through cutting and machining of these components, which workers could inhale. The asbestos lawyer dust can be ingested, causing lung diseases like mesothelioma.

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

Sandra Brust, from New Jersey was diagnosed with mesothelioma while working as a welder for PATCO Railroad. She sued the companies who manufactured asbestos-containing products that she worked on. Her family was not able to win because the Supreme Court ruled her state-law claim was preempted by FELA.

The company that made the asbestos-containing products on which she worked, filed an application for a summary judgment. They claimed that her state law claim was invalid since it did not claim the manufacturer knew of the risks associated with using asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their loved ones obtain the compensation they deserve. His extensive background in FELA cases, including those involving asbestos exposure, has helped him secure millions of dollars in verdicts and settlements for his clients. He is committed to helping railroad workers and their families collect damages from those responsible for their illnesses, injuries, and mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the construction of railroads, particularly in diesel and steam-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is tough and can be able to withstand extreme heat, however these characteristics make it dangerous for those who work with them.

Because of the toxins in asbestos attorney, it could take decades for symptoms like mesothelioma and lung cancer to develop. These conditions can be very costly for victims and their families, as they require medical care and must deal with their physical and emotional pain. Asbestos-related illnesses can be compensated by a variety sources.

A mesothelioma lawyer is the most common method through which railroad workers who have been injured are able to receive financial compensation. These lawsuits can be filed in federal courts or state courts close to the railroad's company. The injured party must prove that their employer was negligent and they have the right to financial compensation.

As opposed to other types of workplace injuries, railroad workers do not have access to the standard workers compensation system in a majority 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 demonstrate that the negligence of their employer caused their mesothelioma, or another injury. A recent case before the Supreme Court highlights an obstacle for railroad workers who wish to hold their employers accountable for exposing them to asbestos.

In this particular instance, a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent this lawsuit from moving forward because the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless important for railroad workers injured to discuss their specific situation with an experienced attorney to better ensure all legal rights are protected.