Railroad Asbestos Claims

Rail workers had to work with asbestos-containing materials a lot because it was a tough and heat-resistant product. But, these same qualities made asbestos poisonous and deadly for anyone who came into contact with it.

Rail workers frequently carried asbestos dust particles to their homes on their clothes or in their hair. This could also put their families in danger.

Federal Employers Liability Act

Asbestos is a hazard that railway workers are exposed to. Asbestos is a hazardous material that can cause many health problems such as cancer. Fortunately railroad workers are entitled 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, not the defendant in criminal cases.

The FELA is an act of the federal government that was adopted in 1908 to safeguard railroad workers injured on the job. FELA differs from state worker's compensation laws in that it covers employees who are injured on the job because of their employer's negligence. It also allows railroad workers to file claims when they suffer from certain diseases, such as mesothelioma.

Several railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations such as Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad employees can sue these companies under FELA as well as producers 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 victims can file state law claims, as well as FELA claims. This allows families to seek compensation from multiple sources to help pay medical bills, lost wages, and other expenses.

It is essential to choose an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining the most 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 a laborer who often brought asbestos dust home on his clothes and in his hair. Eventually, the cancer was diagnosed in 2012. Ken was able to speed up the case, and the family was awarded a significant mesothelioma settlement.

Understanding the statute of limitation and your rights in a settlement are crucial when dealing with a FELA case. The railroads that are defending themselves frequently try to cut down on the amount they pay to the victim, claiming they are unable to prove that the illness was directly caused due to their exposure on the job. It is essential to seek legal guidance of a seasoned railroad lawyer.

Asbestos Manufacturers

Many railroad workers have suffered the ravages of asbestos exposure for a long time. Rail is still a vital component of freight transport, even though automobiles are now the most preferred mode of travel for passengers. Asbestos was employed throughout the railroad industry to insulate train engines, pipes and car parts.

State Law Claims

While federal law lays the basis for the majority of asbestos lawsuits, certain railroad workers have state-law claims which may offer additional legal protections. Asbestos attorneys can deal with claims under a range of laws and statutes to help injured workers and their families receive the compensation they deserve.

asbestos lawsuit was extensively used in railway components, such as steam boilers, locomotive engines and brakes. A lot of these components required cutting or machining which created asbestos dust which could be inhaled by workers. This asbestos dust can also be inhaled, which can cause lung diseases like mesothelioma.

If railroad workers contract mesothelioma, or any other asbestos-related illnesses, they can make a claim under the state law against their employers and manufacturers of the products which exposed them to asbestos. These claims are filed in state courts where juries and judges have extensive experience in determining the appropriate amount of compensation for mesothelioma patients. State courts also have priority to cases that are filed by living mesothelioma victims.

This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma while working as a welder at PATCO Railroad. She filed a lawsuit against the companies that made the asbestos-containing equipment she used to work on. Her family was unable prevail since the Supreme Court ruled her state-law claim preempted FELA.

The company that made the asbestos lawyer-containing equipment she worked on filed a motion for summary judgement and argued that her state law claim was unconvincing because it did not claim that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy, helps those who are affected and loved ones of those individuals obtain the compensation that they are entitled to. His extensive background in FELA cases, including those involving asbestos exposure, has helped him secure millions of dollars in settlements and verdicts for his clients. He is dedicated to helping injured railroad workers and their families collect damages from those who are responsible for their injuries and illnesses, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.

Compensation

Asbestos was extensively used in the design and construction of railroads. However, it proved to be extremely deadly for many railway workers who were exposed to the poisonous substance. The material is tough and can be able to withstand extreme heat, however these qualities are what makes it dangerous for people who work with them.

Due to the toxins present in asbestos, it could take decades for signs such as mesothelioma or cancer to show up. These conditions can be extremely costly for victims and families who require medical treatment and have to deal with their physical and emotional pain. Asbestos-related illnesses can be compensated by a variety sources.

A mesothelioma lawyer is the most common method by which railroad workers injured can be awarded financial compensation. These claims can be brought in federal courts or state courts close to the railroad's company. An injured victim must prove that the negligence of their employer led to their injury and they are entitled to financial compensation.

In contrast to other types of workplace injuries railroad workers don't have access to the standard workers' compensation system in most states. These workers can sue their employers under FELA protections.

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

In this particular case a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could block the lawsuit from proceeding since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney about their particular circumstances so they can ensure all of their legal rights are protected.