Railroad asbestos attorney Claims

Rail workers worked with asbestos-containing materials a lot because it was a tough and heat-resistant product. However, these same qualities made asbestos poisonous and deadly for those who came in contact with it.

Often, rail employees would carry deadly asbestos dust fibers home on their clothes and hair. This could put their families in danger as well.

Federal Employers Liability Act

Asbestos is a hazard that railroad workers are exposed. Asbestos is known to cause cancer and other health problems. Thankfully, railroad workers are able to claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to an injury lawsuit, but it is filed against the employer, not a defendant like a criminal case.

The FELA is a federal law that was passed in 1908 to safeguard railroad workers who are injured on the job. FELA is different from state's worker's compensation laws, since it covers workers who are injured on the job due to the negligence of their employers. It also permits railroad workers to file claims for specific 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 and municipal and state-owned railroads in the local area. Railroad workers could sue these companies, as well as the producers of asbestos-containing items like locomotive parts and boilers.

In addition to the federal law, certain states have their own worker's compensation programs. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This allows families to seek compensation from various sources to pay medical expenses, lost wages and other expenses.

If you are filing a FELA claim, it is important to work with an experienced attorney. Simmons Hanly Conroy's attorneys have an extensive knowledge of mesothelioma and can assist you in getting maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented an individual whose husband worked for the California railroad from 1955 until 1959 as a scrapper of steam engines. He was a worker who brought asbestos attorneys dust home with him on his clothes and hair. In 2012, he developed mesothelioma. Ken was able to speed up the case and the family was awarded an enormous mesothelioma settlement.

Understanding the statute of limitations and your rights in a settlement is crucial when deciding on an FELA case. Railroads that are defending themselves often attempt to reduce the amount they pay to the victim by arguing that they cannot prove that the illness is directly connected to their exposure at work. This is why it is so important to seek legal help from an experienced attorney for railroads.

Asbestos Manufacturers

Many railroad workers have been suffering the ravages of asbestos exposure for a long time. Rail remains an important part of freight transportation even though cars are now the most popular mode of transport for passengers. Asbestos was employed throughout the railroad industry to shield trains, pipes and car components.

In many cases railroad workers were exposed to asbestos due to on-the-job contact with the equipment they were servicing and repair. Workers wore asbestos dust on their clothes, exposing their families to the toxic mineral.

Railroad companies were aware of the dangers associated with asbestos in 1935, but they continued to use the material on their trains through the 1990s and into the 1980s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases due to years of occupational exposure.

Asbestos victims frequently are required to file FELA claims against the manufacturers of asbestos-containing equipment for which they worked. They can be held accountable for failing to warn of the dangers of their products and for manufacturing asbestos-containing materials that were found to be dangerous.

Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake plant in which the deceased's nephew worked. The family alleges the deceased's uncle would often bring his asbestos attorney-covered work clothing to his home and that his children would slap the man when they saw him in these clothes. This negligence led to mesothelioma which killed the family member.

When workers are diagnosed with asbestos-related diseases such as mesothelioma, they're stripped of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make companies accountable who have flagrantly neglected the safety and health requirements of dedicated railroad employees to maximize profits.

Asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Since a clear injury must be proven to bring an FELA case, many railroad workers who have not suffered from an asbestos-related illness might not be able to make claims. This is a clear breach to the tort law principle of compensation for those who suffer as a result of other people's actions.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits filed against railroad workers, state law could provide additional protections. asbestos lawyers (click the following document) are able to handle claims under different statutes and laws in order to ensure injured workers receive the compensation they need.

Asbestos was used extensively in railway components such as steam boilers, locomotive engines and brakes. A lot of these components required machining or cutting which resulted in the formation of airborne asbestos dust that could be inhaled by workers. The asbestos dust can be ingested and cause lung diseases such as mesothelioma.

When railroad workers develop mesothelioma or any other asbestos-related illness and diseases, they could have state-law claims against their employers as well as the manufacturers of the products which exposed them to hazardous asbestos. These claims are filed before state courts where juries and judges possess vast experience in determining the compensation for mesothelioma patients. State courts also have 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 welding worker for PATCO Railroad. She filed a lawsuit against the companies that manufactured asbestos-containing products that she worked on. However, her family was unable to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that produced the asbestos-containing equipment that she worked on filed a motion for summary judgment in support of her state-law claim was unconvincing since it did not state that the company knew about the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.

Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families receive the compensation they are entitled to. His extensive experience in FELA cases - including those involving asbestos - has allowed him to secure millions of dollars for his clients in settlements and verdicts. He is committed to helping railroad workers and their families recover damages from those accountable for their illnesses, injuries, and mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

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

It can take years for symptoms like mesothelioma and lung cancer to manifest due to the toxins that are found in asbestos. These conditions can be very costly for victims and their families as they require medical care and are faced with physical and emotional suffering. Fortunately, victims of 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. The claims can be filed in federal court or state courts in which a railroad company is located. An injured victim must be able to prove that their employer's negligence caused their injury, and they are entitled to financial compensation.

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

This is a civil claim where the injured person must demonstrate that the negligence of their employer caused their mesothelioma, or any other 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 to asbestos.

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