Railroad Asbestos Claims
Railroad workers frequently used or worked around asbestos-containing materials due to its durable and heat-resistant material. But, these same qualities made asbestos a deadly and toxic material for those who came in contact with it.
Rail workers frequently brought deadly asbestos dust fibres home on their clothing or in their hair. This could put their families at risk.
Federal Employers Liability Act (FELA)
Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer as well as other health issues. Fortunately railroad workers are entitled 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 the defendant in criminal cases.
The FELA is a federal law adopted in 1908 to safeguard railroad workers who were injured on the job. FELA differs from state workers' compensation laws in that it covers employees injured on the job due to their employer's negligence. It also permits railroad workers to file claims against certain diseases like mesothelioma.
Over the years, several railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers may sue these companies as well as manufacturers of asbestos-containing goods like locomotive parts or boilers.
In addition to the federal law, certain states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers can file state law claims as well as FELA claims. This permits families to seek compensation from a variety of sources to help pay medical bills, 9363280.xyz,
https://www.9363280.xyz/el1w-e7yah-5w84-A2Gz-jj1-99/, lost wages and other expenses.
It is crucial to find an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy's lawyers possess an extensive knowledge of mesothelioma and 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 until 1959 as a steam-engine scrapper. He was a laborer who frequently brought asbestos dust to his home on his clothes and in his hair. Then, he developed mesothelioma in 2012. Ken was able expedite the case and the family received an important mesothelioma compensation.
Understanding the statute of limitations and your rights in a settlement is crucial when deciding on a FELA case. The railroads who defend themselves frequently try to cut down on the amount of money paid to a victim, claiming they are unable to prove that the illness was directly caused by their exposure on the job. This is why it is so important to seek legal help from a seasoned railroad attorney.
Asbestos Manufacturers
For decades railroad workers have suffered from the effects of asbestos exposure. Rail is still a vital component of freight transport, even though cars are now the most preferred mode of travel for passengers. Asbestos has been utilized in the railroad industry for many years to insulate engine parts pipes and automobile components.
In many instances, railroad workers were exposed to asbestos due to on-the-job contact with the equipment they were servicing or repair. Workers also brought home asbestos dust on their clothing,
9363280 exposing their children and spouses to the toxic mineral too.
While railroad companies knew of the dangers of asbestos by 1935, they continued to use it on their trains until the 1980s and 1990s. Unfortunately, a lot of these workers are now suffering from life-threatening diseases as a result of exposure to asbestos, a dangerous mineral.
Asbestos victims frequently have to file FELA claims with the manufacturers of asbestos-containing equipment with which they worked. They can be held liable 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 an BNSF railroad employee who died from mesothelioma. The company owned the plant that made brakes where the uncle who died was employed. The family claims that the deceased's uncle often brought his work clothes to his home, and if they were wearing these clothes, his children would play with him and roughhouse him while he was wearing asbestos-covered work clothes. This negligence led to mesothelioma which caused the death of the family member.
When asbestos-related illnesses like mesothelioma is diagnosed workers lose the time they been able to enjoy retirement and the final chapters in life. These cases are a way to hold the companies accountable for having blatantly disregarding the health and safety requirements of dedicated railroad employees in order to maximize profits.
Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Unfortunately, because a showing of a manifest injury is required to file a FELA claim, many healthy railroad workers who do not develop an asbestos-related disease might not be able to bring an claim. This is a clear violation of the basic principle of tort law: to provide compensation for those who suffer as a result of other' actions.
State Law Claims
While federal law provides the foundation for many asbestos lawsuits, a few railroad workers are covered by state law that may provide additional legal protections. Asbestos attorneys can handle claims under a variety of different statutes and laws to ensure injured workers and their families receive the compensation they deserve.
Asbestos was used extensively in railway components such as locomotive engines, steam boilers and brakes. Asbestos dust was created through cutting and machining of these parts, which workers could breathe in. This asbestos dust can be inhaled and
9363280 cause lung issues such as mesothelioma.
If railroad workers suffer from mesothelioma or other asbestos-related diseases, they can file a state-law claim against their employers and the manufacturers of the products that exposed them to asbestos. These claims are filed in state courts which are where juries and judges possess vast experience in determining the compensation for mesothelioma sufferers. State courts also offer priority to cases that are filed by living victims.
Sandra Brust, from New Jersey suffered mesothelioma when working as a welder for PATCO Railroad. She filed a lawsuit against the companies that manufactured the asbestos-containing products she worked with. Unfortunately her family was not able to prevail as the Supreme Court ruled that her state-law claim was preempted by FELA.
The company that made the asbestos-containing equipment she worked on filed a motion for summary judgement, arguing that her state-law claim was not viable since it did not state that the company knew about the risks 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 family members of those who suffer from the same obtain the compensation that they are entitled to. His extensive background in FELA cases which include asbestos exposure, has helped him obtain 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 ailments and injuries, including mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.