Railroad Asbestos Claims
Rail workers worked with asbestos-containing materials a lot due to its durability and heat-resistant material. The same characteristics also made asbestos toxic and deadly to those who came in contact with it.
Most often, railway workers often carry asbestos dust that is deadly on their clothes and in their hair. This could put their families in danger.
Federal Employers Liability Act (FELA)
Asbestos is a hazardous material that railroad workers are exposed to. Asbestos can cause cancer as well as other health issues. 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 it is filed against the employer rather than a defendant like criminal cases.
The FELA is an act of the federal government that was passed in 1908 to safeguard railroad workers who are injured on the job. FELA differs from state workers' compensation laws in that it covers employees who are injured on the job due to their employer's negligence. It also permits railroad workers to file claims if they develop certain illnesses like mesothelioma.
Over the years, many railroad companies have been involved in asbestos litigation. These railroad companies include national corporations like Amtrak and Transtar as well as municipal and state-owned railroads in the local area. Railroad workers may sue these companies and producers of asbestos-containing items like locomotive parts or boilers.
Some states have their own programs for workers' compensation in addition to federal law. Asbestos victims are eligible to file state law mesothelioma claims in addition to FELA claims. This allows families to seek compensation from various sources to pay for medical bills, lost wages and other expenses.
It is crucial to find an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma expertise that can assist you in obtaining the maximum compensation for your injuries. 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 an employee who brought asbestos dust home with him on his clothes 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.
Understanding the statute of limitation and your rights in a settlement is essential when deciding on the FELA case. Railroads that defend themselves frequently try to cut down on the money that is paid to the victim, claiming that they can't prove that the illness was caused directly by their negligence at work. It is essential 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. Although cars have now surpassed trains for most passengers, the rail network remains a vital part of freight transportation. Asbestos was used throughout the railroad industry to protect pipelines, engines and car components.
In many cases railroad workers were exposed to asbestos due to working contact with the equipment they were servicing or repair. Workers also brought home asbestos dust on their clothes, exposing their spouses and children to the harmful mineral too.
Although railroad companies were aware of asbestos' dangers by 1935 but they continued to employ it on their trains until the 1980s and the 1990s. Unfortunately, a large number of workers have developed life-threatening illnesses as a consequence of their exposure to asbestos, a dangerous mineral.
Asbestos victims typically are required to file FELA claims against the makers of the asbestos-containing equipment they used. The manufacturers could be held liable for failing to warn about the dangers that could be posed by their products, or
Www.9363280.Xyz for manufacturing asbestos-containing material that was recognized as harmful.
Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company owned the brake manufacturing plant where the deceased's uncle was employed. The family claims that the deceased's Uncle often brought his asbestos-covered work clothing home and his children would roughhouse him while they saw him in these clothes. This lapse of judgment led to mesothelioma cancer that caused the death of the family member.
If workers are diagnosed with asbestos-related diseases like mesothelioma or asbestosis, they are robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases make the companies accountable for having blatantly disregarding the health and safety requirements of dedicated railroad employees to maximize their profits.
Asbestos lawsuits against railroads resulted in compensation for families of injured workers. Since a demonstration of injury that is manifest is required for bringing a FELA claim, countless seemingly healthy railroad workers who do not suffer from an asbestos-related illness may not be able to bring a claim. This is a clear violation to the tort law principle of compensation for those who suffer due to other people's actions.
State Law Claims
While federal law lays the basis for the majority of asbestos lawsuits, certain railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers are able to deal with claims under a range of different laws and
9363280 statutes to ensure that injured workers and their families receive the justice they deserve.
Asbestos was employed in various railway components including locomotive engines, brakes, and steam boilers. Asbestos dust was created by cutting and machining many of these components, which workers could breathe in. The asbestos dust can be inhaled, causing lung issues like mesothelioma.
When railroad workers suffer from mesothelioma, or other asbestos-related diseases and diseases, they could have state-law claims against their employers and the manufacturers of the products that exposed them asbestos. These claims are filed in state courts where juries and judges have vast experience in determining appropriate amount of compensation for mesothelioma patients. State courts also give priority and advance cases filed by living mesothelioma victims.
Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She brought a lawsuit against the companies who produced the asbestos-containing equipment she used to work on. 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 manufactured the asbestos-containing equipment that she worked on filed a motion for summary judgement and argued that her state law claim was not valid since it did not state that the manufacturer was aware of the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims.
Ken Danzinger, a partner with Simmons Hanly Conroy, helps people and www.
9363280.xyz (
this link) their loved ones of those individuals obtain the compensation that they are entitled to. His extensive experience in FELA cases - including those involving asbestos - has helped him to obtain millions of dollars for his clients in verdicts and settlements. He is committed to helping injured railroad workers and their families collect damages from those responsible for their injuries and illnesses, including mesothelioma. He has handled railroad-related injury claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana.