The Most Successful Railroad Asbestos Claims Experts Have Been Doing 3 Things

Railroad Asbestos Claims

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

Rail employees often brought deadly asbestos dust fibres to their homes on their clothes or in their hair. This could put their families in danger.

Federal Employers Liability Act (FELA)

Railroad workers are often exposed to asbestos. Asbestos is a dangerous material that can cause many illnesses, including cancer. Fortunately, railroad employees can seek compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injury lawsuit, but it is filed against an employer rather than a defendant as in criminal cases.

The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state's laws on worker's compensation, because it protects employees who are injured at work due to the negligence of their employers. Additionally, railroad employees are able to file claims against certain illnesses, such as mesothelioma.

Over the years, several railroad companies have been involved in asbestos litigation. These railroad companies include national corporations such as Amtrak and Transtar and municipal and state-owned railroads in the local area. Railroad workers may sue these companies, as well as the manufacturers of asbestos-containing goods like locomotive parts or boilers.

In addition to the federal law, a few states have their own worker's compensation programs. Asbestos-related mesothelioma patients can file state law claims as well as FELA claims. This permits families to seek compensation from various sources to help pay for medical bills, lost income and other expenses.

If you are filing the FELA claim it is crucial 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 a family whose husband worked for the California railroad from 1955 to 1959 as a steam engine scrapper. He was a laborer who often brought home asbestos dust on his clothing and in his hair. Eventually, it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and his family was awarded a significant mesothelioma compensation.

Understanding the statute of limitation and your rights in a settlement is crucial when dealing with an FELA case. The railroads that are defending themselves often attempt to cut the amount they pay to the victim, claiming they cannot prove the illness was directly caused due to their exposure at work. It is essential to seek legal advice of an experienced railroad lawyer.

Asbestos Manufacturers

For decades railroad workers have suffered from the effects of asbestos exposure. Rail remains an important part of freight transport even though automobiles are now the most preferred mode of travel for passengers. Asbestos has been utilized in the railroad industry for a long time to insulate engine parts, pipes, and other automobile components.

Rail workers are frequently exposed to asbestos because of their work with equipment that they service and repair. Workers brought asbestos dust home on their clothing, exposing their families to the poisonous mineral.

While railroad companies were aware of asbestos' dangers as of 1935 but they continued to employ asbestos in their trains until the 1980s and the 1990s. Unfortunately, a large number of workers are now suffering from life-threatening diseases as a result of their exposure to the dangerous mineral.

Asbestos victims often are required to file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held liable for failing to warn about the dangers that could be posed by their products, as well as for manufacturing asbestos-containing material that was recognized as harmful.

For instance the family of the BNSF railroad worker who died of mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake plant at which the nephew of the deceased worked. The family alleges the deceased's uncle would often bring his asbestos-covered work clothing at home, and his children would roughhouse the man when they saw him in these clothes. This negligence led to mesothelioma cancer that killed the family member.

When asbestos-related diseases such as mesothelioma are diagnosed workers lose the time they been able to enjoy retirement and their final chapters in life. These cases bring to justice companies that flagrantly disregarded the safety and health of railroad workers to maximize their own profits.

Asbestos suits against railroad companies resulted in compensation for injured workers and families. Unfortunately, because a showing of injury that is manifest is required for bringing an FELA claim, many healthy railroad workers who don't suffer from an asbestos-related illness may not be able to bring an claim. This is a clear violation of the tort law principle that pays those who suffer due to others' actions.

State Law Claims

While federal law is the legal basis for the majority of asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos attorneys can handle claims under a variety of different laws and statutes to ensure that injured workers and their families get the justice they deserve.

Asbestos was used in various railway components like locomotive engines, brakes and steam boilers. Many of these components required cutting or machining which created asbestos dust that could be inhaled by workers. The asbestos dust could be inhaled and cause lung problems like mesothelioma.

If railroad workers develop mesothelioma or other asbestos-related diseases, they can file a state-law claim against their employers as well as the makers of the products which exposed them to asbestos. These claims are brought before state courts which are where juries and judges possess vast experience in determining the compensation for mesothelioma patients. State courts also offer 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 welding worker for PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing equipment that she worked on. However, her family was unable to prevail since the Supreme Court ruled that her state law claim was invalidated by FELA.

The company that produced the asbestos-containing products for which she worked, filed a motion for a summary judgment. They argued that her state law claim was invalid since it did not claim the manufacturer knew of the dangers associated with asbestos being used in its products.  Clearwater asbestos attorneys  dismissed her claims.

Ken Danzinger, a partner with Simmons Hanly Conroy assists individuals and the loved ones of those people get the compensation they deserve. His vast experience in FELA cases including asbestos cases - has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is dedicated to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, such as 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 and design of railways. However, it proved to be extremely deadly for railway workers who were exposed to the toxic material. The material is extremely tough and can withstand huge amounts of heat; however these qualities are what make it hazardous to those who work with it.

It can take years for mesothelioma-related symptoms and lung cancer to appear due to the toxins found in asbestos. These diseases can be extremely costly for victims and families who require medical treatment and to deal with their physical pain and emotional trauma. Asbestos-related ailments can be paid by a variety sources.

A mesothelioma lawyer is the most common way that injured railroad workers are able to receive financial compensation. These lawsuits can be filed in federal court or state courts where a railroad company is located. Injury victims must prove that their employer was negligent and they have the right to financial compensation.

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

This is a civil lawsuit in which the person who is injured must prove that the negligence of their employer caused their mesothelioma, or any other injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who want to hold their employers accountable for exposing them asbestos.

In this case the family of a deceased railway worker filed a lawsuit for asbestos against PATCO. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent the lawsuit from proceeding since the claim is based on FELA which goes over state laws regarding asbestos claims. It is nonetheless essential 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.