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Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a durable and heat-resistant material. These same qualities also made asbestos poisonous and deadly for those who came in contact with it.

In many cases, rail workers would carry deadly navy asbestos claims dust fibers home on their clothes and in their hair. This could expose their families to danger as well.

Federal Employers Liability Act

Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health issues. Fortunately railroad workers are eligible for compensation under the Federal Employers' Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but is filed against the employer rather than an individual defendant as in a criminal case.

The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state workers' compensation laws in that it protects employees who are injured on the job due to the negligence of their employers. It also allows railroad workers to file claims when they develop certain illnesses, such as 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 municipal and local railroads as well as state railroads. Railroad workers can sue these companies and producers of asbestos-containing items such as locomotive parts or boilers.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related mesothelioma sufferers can file state law claims, Asbestos claims canada as well as FELA claims for asbestos related disease. This allows families how to file an asbestos claim pursue compensation from multiple sources to help pay for medical bills, lost income, and other expenses.

When submitting a FELA claim, it is important to work with an experienced attorney. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in getting maximum compensation for your injury. Ken Danzinger, shareholder at the firm, represented the family of a man who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. He was an employee who carried asbestos dust home with him on his clothes and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case and the family received a significant mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is essential when dealing with a FELA case. The railroads who defend themselves frequently try to cut down on the money that is paid to a victim, by claiming they are unable to prove that the illness was caused directly due to their exposure at work. This is why it is important to seek legal assistance from an experienced railroad attorney.

Asbestos Manufacturers

Many railroad workers have suffered the effects of asbestos exposure for years. Rail is still an integral part of freight transport, even though automobiles are now the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to protect trains, pipes and car components.

In many instances railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing and repair. Workers brought asbestos dust home on their clothing, exposing their families to the harmful mineral.

Railroad companies were aware of asbestos' dangers in 1935, but continued to use the material on their trains through the 1980s and 90s. Sadly, many of these workers have now developed life-threatening diseases as a result of years of occupational exposure to asbestos, a dangerous mineral.

Asbestos victims often file FELA claims against the manufacturers of the asbestos-containing equipment they used. The manufacturers could be held responsible for not warning of the risks associated with their products, as well as for producing asbestos-containing material that was known to be harmful.

For instance, the family of a BNSF railroad worker who passed away from mesothelioma filed a suit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant where the uncle who died worked. The family alleges the deceased's Uncle often brought his asbestos-covered work attire at home, and his children would beat the man when they saw him in these clothes. This lapse in judgment led to mesothelioma which killed the family member.

When workers are diagnosed with asbestos-related illnesses like mesothelioma, they are stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold accountable businesses that blatantly ignored the health and safety of railroad workers to increase their profits.

Asbestos lawsuits against railroads resulted in compensations for injured workers and families. Because a manifest injury must be shown to be able to bring an FELA case, countless railroad workers who never suffered from an asbestos compensation claims-related illness might not be able to make an claim. This is a clear infringement 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 can deal with claims under various statutes and laws to help injured workers receive the compensation they need.

Asbestos was employed in various railway components like locomotive engines, brakes and steam boilers. Asbestos dust was generated through cutting and machining of these components, and workers could inhale. The asbestos dust can be inhaled, causing lung issues like mesothelioma.

If railroad workers develop mesothelioma, or other asbestos-related diseases, they may file a state-law claim against their employers as well as the makers of the products that exposed them to asbestos. These claims are brought before state courts, where judges and juries have vast experience in determining the compensation for mesothelioma sufferers. State courts also offer priority to cases and advance filing by living victims.

Sandra Brust, from New Jersey, developed mesothelioma while working as a welder for PATCO Railroad. She brought a lawsuit against the companies who made asbestos-containing products she worked with. Her family was unable prevail because the Supreme Court ruled her state-law claim preempted FELA.

The company that made asbestos-containing products for which she worked filed an application for a summary judgment. They argued that her state law claim was not valid because it did not allege the manufacturer knew of the dangers that come with asbestos being used in its products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the loved ones of those people obtain the compensation that they are entitled to. His extensive background in FELA cases that 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 who are accountable for their injuries, illnesses 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 design and construction of railroads. Unfortunately, it also proved to be extremely deadly for the railway workers who were exposed to the toxic substance. The material is strong and can withstand extreme heat, but these characteristics make it dangerous for those who work with them.

Due to the toxins present in asbestos, it can take decades for symptoms such as mesothelioma or cancer to develop. These diseases can be extremely costly for victims and families, as they require medical attention and have to endure physical pain and emotional suffering. Fortunately, asbestos-related diseases can receive compensation from various sources.

A mesothelioma lawyer is the most common way that injured railroad workers can be awarded financial compensation. These claims can be filed in federal courts or state courts where a railroad company is located. An injured victim must be able to prove that their employer's negligence led to their injury and they are entitled to financial compensation.

Railroad workers aren't covered by the standard worker compensation system in a number of states. These workers can sue their employers under FELA protections.

This is a civil lawsuit in which the person who is injured has to demonstrate that the negligence of their employer caused their mesothelioma, or any other injuries. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them asbestos.

In this case the family of a deceased railway employee filed an asbestos claims canada - visit this link - suit against PATCO. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop the lawsuit from proceeding since the claim is based on FELA which goes over state laws regarding asbestos claims. It is still important that railroad workers who have been injured speak to an attorney about their specific circumstances so that they can be sure that all of their legal rights are secured.