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Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot because it was a durable and heat-resistant material. However, these same qualities made asbestos a deadly and toxic material for those who came in contact with it.

Most often, railway workers would carry deadly asbestos dust fibers home with them on their clothing and hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

Asbestos is a hazard that railroad workers are exposed to. Asbestos is a hazard which can cause health issues, including cancer. Thankfully, railroad workers can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit, but it is filed against the employer, not the defendant in a criminal case.

The FELA is a federal law that was passed in 1908 to protect railroad workers injured on the job. FELA differs from state workers' compensation laws in that it protects employees who are injured at work due to the negligence of their employers. It also allows railroad employees to file claims when they suffer from certain diseases like mesothelioma.

A number of railroad companies have been involved in asbestos litigation over the years. Amtrak, Transtar and local municipal and state railways are among the railroad companies who have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies under FELA as well as producers of asbestos-containing items like locomotive parts, boilers and railcar siding.

Some states have their own programs for workers' compensation, in addition to federal law. Asbestos-related victims can claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from a variety of sources to help pay for medical bills, lost income, and other expenses.

When submitting a 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 obtaining the most compensation for your injury. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 until 1959, as a steam-engine scrapper. He was a laborer who often brought asbestos dust home on his clothing and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able to expedite the case, and the family received an enormous mesothelioma settlement.

It is essential to understand how long Do asbestos claims take the time limit and your rights to a settlement when dealing with the FELA claim. Railroads that defend themselves often try to reduce the amount of money paid to the victim, claiming they cannot prove the illness was directly caused due to their exposure to the work environment. It is important to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have been suffering from asbestos exposure for years. Rail is still an integral part of freight transport even though automobiles are now the most preferred mode of travel for passengers. Asbestos was utilized throughout the railroad industry to shield train engines, pipes and car parts.

Rail workers are often exposed to asbestos through their work with equipment that they service and repair. Workers also brought asbestos dust home on their clothes, which exposed their spouses and children to the harmful mineral too.

While railroad companies were aware of asbestos' dangers as of 1935, they continued to use asbestos in their trains until the 1980s and the 1990s. Unfortunately, many of these workers are currently suffering from serious illnesses as a result years of exposure to asbestos in the workplace.

Asbestos victims typically have to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. These manufacturers can be held accountable for their failure to warn of the dangers of their products, and for producing asbestos-containing products that were known to be harmful.

For instance the family of an BNSF railroad worker who died from mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the plant that made brakes where the uncle who died worked. The family alleges that the deceased's uncle often brought his work clothing at home, and that when the clothes were on his children would play with him and roughhouse him while he was wearing asbestos-covered work clothes. This negligence led to the mesothelioma which caused the death of the family member.

When asbestos-related illnesses like mesothelioma is diagnosed workers lose the time they had to enjoy retirement and the final years. These cases make the companies accountable for having blatantly neglected the safety and health demands of railroad workers in order to maximize profits.

Asbestos lawsuits against railroads resulted in compensations for injured workers and families. Unfortunately, because a showing of manifest injury is required to file a FELA claim, countless seemingly healthy railroad workers who never suffer from an asbestos-related illness may not be able to bring claims. This is a clear infringement of the tort law principle that pays the victims of the actions of others.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state law could provide additional protections. Asbestos lawyers can handle claims under different statutes and laws to help injured workers get the compensation they deserve.

asbestos va claim was extensively used in railway components such as locomotive engines, steam boilers and brakes. Asbestos dust was created by machining and cutting many of these parts, which workers could breathe in. The asbestos dust could be ingested and cause lung diseases such as mesothelioma.

When railroad workers suffer from mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers as well as the companies that made the products which exposed them to hazardous asbestos. These claims are filed in state courts which are where juries and judges have extensive experience in determining compensation for mesothelioma sufferers. State courts also have priority and advance cases filed by living mesothelioma victims.

This was the case with 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 manufactured the asbestos-containing equipment she worked on. The 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 for which she worked, filed an application for a summary judgment. They asserted 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 assists individuals and the loved ones of those people obtain the compensation that they are entitled to. His vast experience in FELA cases including asbestos mesothelioma legal claim cases - has allowed him to obtain millions of dollars for his clients in verdicts and settlements. 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 injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was widely used in the construction and design of railways. Unfortunately, it also proved to be very deadly for railway workers who were exposed to the toxic material. The material is durable and is able to be able to withstand extreme heat, however these characteristics makes it dangerous for people who work with them.

It could take years for mesothelioma symptoms and lung cancer to appear due to the toxins that are found in asbestos. These conditions can be extremely expensive for the families of victims, as they require medical treatment and have to endure physical pain and emotional trauma. Fortunately, asbestos-related illnesses are eligible for compensation through various sources.

A mesothelioma lawyer is the most commonly used method by which railroad workers injured are able to receive financial compensation. These lawsuits can be filed in federal court or how Long do asbestos claims take state courts in which the railroad company is. An injury victim must be able to prove that the negligence of their employer caused their injury, and they are entitled to financial compensation.

As opposed to other types of workplace injuries railroad workers how long do asbestos claims take not have access to the typical workers compensation system in the majority of states. Railroad workers are able to sue their employers for compensation under FELA protections.

This is a civil lawsuit where the victim has to prove that the negligence of their employer caused their mesothelioma or any other injuries. 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 against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from proceeding because the claim is based upon FELA which goes over state laws regarding asbestos bankruptcy trust claims claims. Nevertheless, it is important that railroad workers who have been injured discuss their specific situation with an experienced attorney so that they can better ensure that all legal rights are secured.