A Step-By-Step Guide For Choosing Your Railroad Asbestos Claims

Railroad Asbestos Claims

Rail workers worked with asbestos-containing products a lot because it was a tough and heat-resistant material. The same properties also made Asbestos lawyer poisonous and deadly for those who came into contact with it.

Most often, railway workers would carry asbestos dust that is deadly with them on their clothes and in their hair. This could expose their families to danger as well.

Federal Employers Liability Act (FELA)

asbestos attorneys is a hazardous material that railway workers are exposed to. Asbestos is a dangerous material that can cause a variety of health problems including cancer. Fortunately, railroad workers have the right to compensation 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 was enacted in 1908 and is the federal law that protects railroad workers who are injured on the job. FELA is different from state's laws on worker's compensation, because it protects employees who suffer injuries on the job because of their employers negligence. It also allows railroad employees to file claims for certain illnesses, such as mesothelioma.

Over the years, a number of railroad companies have been involved with asbestos litigation. These railroad companies include national corporations such as 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.

Some states have their own programs for workers' compensation in addition to federal law. Asbestos-related mesothelioma patients are able to file state law claims, as well as FELA claims. This permits families to seek compensation from a variety of sources to pay medical bills, lost income, and other expenses.

It is important to hire an attorney with experience when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma knowledge that can help you obtain maximum compensation for your injuries. Ken Danzinger, shareholder at the firm represented a 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 clothing and hair. In 2012, he was diagnosed with mesothelioma. Ken was able expedite the case, and the family received an important mesothelioma settlement.

It is essential to understand the statute of limitations and your rights to settlement when settling an FELA claim. Defendant railroads often try to reduce the amount of money paid to the victim by arguing that they cannot prove that their illness is directly related to their exposure at work. It is important to seek the legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For many years, railroad workers have been suffering from the effects of asbestos exposure. Rail is still an integral part of freight transportation, even though cars are the most preferred mode of transport for passengers. Asbestos has been utilized in the railroad industry for many years to insulate engine parts pipes and other components of automobiles.

Rail workers are often exposed to asbestos because of their working with equipment they maintain and repair. Workers also brought asbestos dust home on their clothes, exposing their spouses and children to the toxic mineral, too.

While railroad companies were aware of the dangers of asbestos attorneys by 1935 however, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of occupational exposure.

Asbestos victims frequently are required to file FELA claims against manufacturers of the asbestos-containing equipment they used. These manufacturers can be held accountable for their failure to warn of the dangers of their products as well as for manufacturing asbestos-containing materials that were found to be harmful.

For example the family of the BNSF railroad worker who died from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the deceased's uncle worked. The family claims that the deceased's uncle would often bring his asbestos-covered work attire to his home and that his children would slap him when he was wearing these clothes. This negligence led to the mesothelioma which killed 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 their final years. These cases hold accountable corporations that have blatantly disregard for the safety and health of dedicated railroad employees to increase their profits.

asbestos attorneys lawsuits against railroads have resulted in compensation for injured workers and their families. Since a clearly-defined injury must be proven to be able to bring an FELA case, countless railroad workers who never suffered from an asbestos-related illness might not be able make an claim. This is a clear violation of the basic principle of tort law: to provide compensation for those who suffer because of others' actions.

State Law Claims

While federal law provides the foundation for many asbestos lawsuits, a few 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 deserve.

Asbestos was extensively used in railway components, such as steam boilers, locomotive engines and brakes. Asbestos dust was generated by cutting and machining many of these parts, which workers could breathe in. The asbestos dust can be ingested, causing lung issues like mesothelioma.

If railroad workers suffer from mesothelioma, or other asbestos-related illnesses, they can file a state-law claim against their employers and manufacturers of the products that exposed them to asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate compensation for mesothelioma sufferers. State courts also offer priority to cases and advance filing by living mesothelioma patients.

This was the case for Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma after working as a welding worker for PATCO Railroad. She sued the companies that produced the asbestos-containing equipment she used to work on. Unfortunately her family was not able to prevail because the Supreme Court ruled that her state-law claim was preempted by FELA.

The company that manufactured the asbestos-containing products on which she worked, filed an application for a summary judgment. They argued that her state law claim was invalid since it did not claim that the manufacturer was aware of the dangers that come with asbestos being used in its products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and their loved ones of those people receive the compensation they deserve. His extensive experience in FELA cases which include asbestos - has helped him to secure millions of dollars for his clients in settlements and verdicts. He is dedicated to helping railroad workers and their families obtain damages from those accountable for their illnesses, injuries, and mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.

Compensation

Asbestos was widely used in the construction of railroads, especially in diesel- and steam-powered trains. It was also deadly for the railway workers who were exposed the toxic substance. The material is durable and can withstand extreme heat, but these properties make it dangerous for those who work with them.

Because of the toxins in asbestos, it could take years for the symptoms such as mesothelioma or cancer to show up. These illnesses can be very expensive for the families of victims, as they require medical treatment and have to endure physical and emotional pain. Asbestos-related illnesses can be compensated by a variety of sources.

The most common method for railroad workers injured to receive financial compensation is through a lawsuit filed with a mesothelioma law firm. These claims can be filed in federal court or state courts where a railroad company is located. A victim of injury must be able to demonstrate that the negligence of their employer caused their injury, and they are entitled to financial compensation.

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

This is a civil claim where the victim has to prove that their employer's negligence caused mesothelioma or other injury. However the recent case that was filed before the Supreme Court highlights a roadblock that railroad workers face when they attempt to claim their employers are responsible 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 decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney about their particular situation so they can be sure that all of their legal rights are secured.