Railroad Asbestos Claims

Rail workers worked with asbestos-containing materials often because it was a tough and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came in contact with it.

In many cases, rail workers often carry asbestos dust particles that are deadly on their clothes and hair. This could put their families at risk.

Federal Employers Liability Act

Asbestos is a hazardous material that railroad workers are exposed to. asbestos attorneys 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 a personal injury lawsuit but is filed against the employer rather than a defendant like criminal cases.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA is different than the state's worker's compensation laws, since it covers workers who are injured at work due to their employers negligence. Additionally, railroad employees are able to file claims for certain illnesses such as mesothelioma.

A number of railroad companies have been involved in asbestos-related 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 under FELA as well as manufacturers of asbestos-containing products such as boilers, locomotive parts and railcar siding.

Certain 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 allows families to pursue compensation from various sources to pay medical bills, lost income, and other expenses.

When submitting the FELA claim it is crucial to work with an experienced attorney. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in getting the most compensation for your injury. Ken Danzinger, shareholder at the firm, represented the family member who 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 clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to expedite the case and the family was awarded an extensive mesothelioma settlement.

It is crucial to know the time limit and your rights to a settlement when dealing with a FELA claim. Defendant railroads often try to limit the amount of money paid out to a victim by arguing that they cannot prove that their illness is directly related to their work-related exposure. This is why it is important to seek legal help from an experienced railroad attorney.

Asbestos Manufacturers

For decades railroad workers have been suffering from asbestos exposure for years. Rail remains an important part of freight transportation even though automobiles are now the most preferred mode of travel for passengers. Asbestos has been used in the railroad industry for decad of manifest injury is required for bringing a FELA claim, many seemingly healthy railroad workers who never suffer from an asbestos-related illness may be unable to make such a claim. This is a clear breach to the tort law principle that compensates those who suffer due to the actions of others.

State Law Claims

While federal law is the basis for the majority of asbestos lawsuits, some railroad workers have state-law claims which may offer additional legal protections. Asbestos lawyers are able to handle claims under different statutes and laws to help injured workers receive the compensation they deserve.

Asbestos was employed in a variety of railway components like locomotive engines, brakes and steam boilers. A lot of these components required cutting or machining which produced airborne asbestos dust that could be breathed in by workers. This asbestos lawyer dust can also be inhaled, causing lung diseases like mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related diseases, they can bring a state-law suit against their employers and the manufacturers of the products that exposed them to asbestos lawyer. 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 offer priority to cases that are filed by living victims.

This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma after working as a welder at PATCO Railroad. She sued the companies that produced the asbestos-containing equipment that she worked on. Her family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA.

The company that manufactured the asbestos-containing products on which she worked filed a motion for a summary judgment. They claimed that her state law claim was not valid because it did not allege the manufacturer knew of the risks associated with using asbestos in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and family members of those who suffer from the same get the compensation they deserve. His extensive background in FELA cases, including those involving asbestos exposure, has allowed him to achieve millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families recover 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 construction of railroads, specifically in steam- and diesel-powered trains. It also posed a threat to the railway workers who were exposed the toxic substance. The material is very durable and can withstand huge amounts of heat. However these qualities are what make it dangerous to people who work with it.

Because of the toxins in asbestos, it may take decades for symptoms such as mesothelioma or cancer to show up. These illnesses can be very expensive for the families of victims, as they require medical attention and have to bear the physical pain and emotional suffering. Asbestos-related ailments can be paid through a variety of sources.

The most common method for railroad workers injured to receive financial compensation is through an action filed by a mesothelioma lawyer firm. These lawsuits can be filed in federal court or state courts where a railroad company is located. Injury victims must prove that their employer was negligent and that they are entitled to financial compensation.

Railroad workers are not covered by the standard workers compensation system in a number of states. Railroad workers are able to sue their employers under FELA protections.

This is a civil claim in which the person who is injured must prove that their employer's negligence caused mesothelioma or another injury. A recent case brought before the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them asbestos.

In this particular case, an individual from the family of a deceased railway worker has filed an asbestos lawsuit, mouse click on Wifidb, against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from going forward because the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney regarding their specific circumstances so that they can be sure that all of their legal rights are secured.