How To Find The Perfect Railroad Asbestos Claims On The Internet
Railroad Asbestos Claims
Railroad workers frequently used or worked with asbestos-containing materials due to its durable and heat-resistant material. The same characteristics also made asbestos toxic and deadly to anyone who came into contact with it.
Rail workers frequently carried asbestos dust particles home on their clothing or in their hair. This could put their families in danger as well.
Federal Employers Liability Act
Asbestos is a hazardous material that railroad workers are exposed. Asbestos is a hazardous material that can cause a variety of illnesses such as cancer. Fortunately, railroad employees 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 is filed against the employer rather than the defendant in criminal cases.
The FELA is a federal law passed in 1908 to safeguard railroad workers who were injured on the job. FELA is different from state's worker's compensation laws, as it covers employees who suffer injuries on the job due to their employers negligence. Additionally, railroad employees are able to file claims against certain illnesses such as mesothelioma.
A number of railroad companies have been involved in asbestos litigation over the years. claiming for asbestos related illness , Transtar and local state and municipal railways are among the railroad companies which have been involved in asbestos litigation throughout the years. Railroad workers can sue these companies, as well as the producers of asbestos-containing items like locomotive parts or boilers.
In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related victims can make state-law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from a variety of sources to pay for medical bills, lost wages and other expenses.
It is essential to choose an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma experience who can assist you in obtaining the most compensation for your injury. Ken Danzinger, a shareholder at the firm, represented a family whose husband worked for the California railroad from 1955 to 1959 as a scrapper of steam engines. He was an employee who brought asbestos dust home on his clothing and hair. In 2012, he was diagnosed with mesothelioma. Ken was able to speed up the case, and the family received an extensive 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 limit the amount of money paid to victims by arguing that they cannot prove that their illness is directly related to the exposure they endured at work. This is why it is important to seek legal help from an experienced railroad attorney.
Asbestos Manufacturers
For many years railroad workers have suffered from the effects of asbestos exposure. Although cars have now surpassed trains for the majority of passengers, the rail network remains a vital part of freight transportation. Asbestos was utilized throughout the railroad industry to shield train engines, pipes and car parts.
Rail workers are often exposed to asbestos as they work with the equipment they maintain and repair. Workers also brought asbestos dust home on their clothes, exposing their children and spouses to the harmful mineral, too.
Railroad companies were aware of asbestos' dangers in 1935, but continued to employ the material on their trains into the 1990s and into the 1980s. Unfortunately, a large number of workers are now suffering from life-threatening illnesses as a consequence of years of occupational exposure to asbestos, a dangerous mineral.
Asbestos victims typically have to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. They could be held accountable for not warning of the risks associated with their products, and for producing asbestos-containing materials that was recognized as harmful.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who passed away from mesothelioma. The company owned the brake plant where the deceased's nephew worked. The family alleges the deceased's uncle often brought his asbestos-covered work attire to his home and that his children would beat him when the clothes were on. This lapse in judgment led to mesothelioma which killed the family member.
When asbestos-related illnesses like mesothelioma are diagnosed workers are deprived of the time they had to enjoy retirement and the final years of life. These cases bring to justice companies that flagrantly disregarded the health and safety of their employees in order to maximize their own profits.
Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Unfortunately, because a showing of manifest injury is required for bringing an FELA claim, many healthy railroad workers who never suffer from an asbestos-related illness may not be able to bring a claim. This is a clear infringement to the tort law principle of compensation for those who suffer as a result of others' actions.
State Law Claims
While federal law is the foundation for most asbestos lawsuits, a few railroad workers are covered by state law which may offer additional legal protections. Asbestos attorneys can deal with claims under a range of different laws and statutes to ensure injured workers and their families get the amount of compensation they are entitled to.
Asbestos was used extensively in railway components like steam boilers, locomotive engines and brakes. Many of these components required machining or cutting which produced airborne asbestos dust that could be breathed in by workers. The asbestos dust can be inhaled, causing lung diseases like mesothelioma.
When railroad workers suffer from mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers as well as the producers of the products that exposed them asbestos. These claims are brought before state courts which are where juries and judges have vast experience in determining the amount of compensation for mesothelioma patients. State courts also offer priority to cases and advance filing by living mesothelioma victims.
This was the case with Sandra Brust, a New Jersey woman who contracted mesothelioma as a welder at PATCO Railroad. She brought a lawsuit against the companies who manufactured asbestos-containing products that she worked with. Her family was unable prevail because the Supreme Court ruled her state-law claim preempted FELA.
The company that produced the asbestos-containing products on which she worked, filed an application for a summary judgment. They argued that her state law claim was not valid since it did not claim the manufacturer knew of the risks associated with the use of asbestos in its products. The Supreme Court dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy assists people and their loved ones of those people get the compensation they deserve. His vast experience in FELA cases which include asbestos - has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is dedicated to helping railroad workers and their families obtain damages from those responsible for their injuries, illnesses and mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.
Compensation
Asbestos was extensively used in the construction of railroads, particularly in steam- and diesel-powered trains. It was also deadly for railroad workers who were exposed to the toxic substance. The material is tough and can withstand extreme heat, but these qualities are what make it dangerous for those who work with them.
It could take a long time for mesothelioma-related symptoms and lung cancer to manifest due to the toxins that are found in asbestos. These illnesses can be very expensive for the families of victims because they require medical treatment and have to bear the physical and emotional pain. Asbestos-related ailments can be paid through a variety of sources.
A mesothelioma lawyer is the most popular method through which railroad workers who have been injured can be awarded financial compensation. These lawsuits can be filed in federal courts or state courts in which railroad companies are located. Injured victims must prove their employer was negligent and they are entitled to financial compensation.
Unlike most other types of workplace injuries railroad workers do not have access to the traditional workers' compensation system in most states. They can sue their employers for compensation under FELA protections.
This is a civil claim where the victim has to prove that their employer's negligence caused mesothelioma or another injury. However an upcoming case filed before the Supreme Court highlights a roadblock for railroad workers who try to hold their employers accountable for exposing them to asbestos.
In this case the family of a deceased railway worker filed an asbestos suit against PATCO. However, the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could block the lawsuit from proceeding because the claim is based on FELA, which trumps state laws regarding asbestos claims. Nevertheless, it is important that railroad workers who have been injured discuss their specific situation with an experienced lawyer to better ensure all legal rights are secured.