A Step-By'-Step Guide To Picking The Right Railroad Asbestos Claims
Railroad Asbestos Claims
Railroad workers frequently used or worked around asbestos-containing materials because it was a highly robust and heat-resistant material. The same characteristics also made asbestos toxic and deadly for those who came in contact with it.
Most often, railway workers often carry asbestos dust particles that are deadly with them on their clothes and hair. This could put their families at risk.
Federal Employers Liability Act
Railroad workers are frequently exposed to asbestos. Asbestos is known to cause cancer and other health problems. Fortunately, railroad workers can get compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim is similar to a personal injury lawsuit but is filed against the employer instead of an individual defendant as in a criminal case.
The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers employees who are injured at work because of their employer's negligence. It also permits railroad workers to file claims for specific diseases like mesothelioma.
A number of railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations like Amtrak and Transtar and local state and municipal railroads. Railroad workers can sue these companies, as well as the manufacturers of asbestos-containing goods like locomotive parts and boilers.
In addition to the federal law, some states have their own worker's compensation programs. Asbestos sufferers are able to claim mesothelioma under state law in addition to FELA claims. This allows families to pursue compensation from a variety of sources to help pay medical bills, lost income and other expenses.
When submitting the FELA claim it is crucial to hire an experienced attorney. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who can assist you in obtaining maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented a family member who worked for the California Railroad from 1955 to 1959, as a steam-engine scrapper. mesothelioma lawyers asbestos claims was a laborer who frequently brought asbestos dust to his home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to speed up the case and the family was awarded an enormous mesothelioma settlement.
It is essential to understand the time limit and your rights to settlement when settling a FELA claim. Railroads that are defending themselves often attempt to reduce the amount paid to victims by claiming that they cannot prove that their illness is directly linked to their exposure at work. It is important to seek the legal advice of a knowledgeable railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered the effects of asbestos exposure for a long time. Although cars now outnumber trains for most passengers however, the rail system remains an essential component of freight transportation. Asbestos was utilized throughout the railroad industry to shield pipelines, engines and car parts.
Rail workers are often exposed to asbestos because of their working with equipment they repair and service. Workers wore asbestos dust on their clothing, which exposed their families to the harmful mineral.
Although railroad companies were aware 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 currently suffering from serious illnesses as a result years of occupational exposure.
Asbestos victims often have to file FELA claims against manufacturers of the asbestos-containing equipment they worked on. These manufacturers can be held accountable for their failure to warn of the dangers of their products, and for producing asbestos-containing materials that were known to be dangerous.
Pneumo Abex LLC was sued by the family of an BNSF railroad employee who passed away from mesothelioma. The company was the owner of the plant that made brakes where the uncle of the deceased worked. The family claims that the deceased's uncle often brought his asbestos-covered work attire at home, and his children would beat him when the clothes were on. This lapse of care led to the mesothelioma cancer that caused the death of the family member.
When asbestos-related diseases such as mesothelioma is diagnosed, workers lose the time they would have had to enjoy retirement and the final chapters in life. These cases bring to justice businesses that blatantly ignored the safety and health of dedicated railroad employees to increase their profits.
Asbestos lawsuits against railroads have resulted in compensation claims for injured workers and their families. Since a clear injury must be proven to bring the possibility of a FELA case, many railroad workers who have never developed an asbestos-related illness may not be able to file claims. This is clearly in violation of the fundamental principle of tort law: to compensate people who suffer as a result of other' actions.
State Law Claims
While federal law provides the foundation for many asbestos lawsuits, some railroad workers are covered by state law which may offer additional legal protections. Asbestos lawyers can deal with claims under different statutes and laws to ensure injured workers receive the compensation they need.
Asbestos was employed in various railway components like locomotive engines, brakes, and steam boilers. Asbestos dust was created through cutting and machining of these components, and workers could breathe in. This asbestos dust can be inhaled and cause lung diseases such as mesothelioma.
If railroad workers contract mesothelioma or other asbestos-related diseases, they may file a state-law claim against their employers and the 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 compensation for mesothelioma sufferers. In addition, state courts frequently offer priority to and swiftly move cases filed by living plaintiffs.
This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welding worker for PATCO Railroad. She sued the companies that produced the asbestos-containing equipment she worked on. Her family was unable prevail because the Supreme Court ruled her state-law claim preempted FELA.
The company that produced the asbestos-containing equipment she worked on filed an application for summary judgment, arguing that her state-law claim was not viable since it did not state that the manufacturer was aware of the risks 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 their loved ones of those individuals get the compensation they are entitled to. His extensive experience in FELA cases that include asbestos exposure, has helped him obtain millions of dollars in settlements and verdicts for his clients. He is dedicated to helping railroad workers and their families recover damages from those accountable for their illnesses, injuries, and mesothelioma. He has handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana.
Compensation
Asbestos was extensively utilized in the construction and design of railroads. However, it proved to be very deadly for railway workers who were exposed to the toxic material. The material is extremely durable and is able to withstand massive amounts of heat; however these qualities are what make it dangerous to workers who work with it.
Because of the toxins in asbestos, it could take decades for symptoms such as mesothelioma or cancer to develop. These conditions can be extremely expensive for the families of victims who require medical treatment and have to deal with their physical pain and emotional suffering. Asbestos-related illnesses can be compensated by a variety sources.
The most common way for railroad workers injured to receive financial compensation is via an action filed with a mesothelioma law firm. The claims can be filed in federal courts or state courts where the railroad company is. Injured victims must prove their employer was negligent and they have the right to financial compensation.
Railroad workers are not covered by the standard worker compensation system in a number of states. They are instead legally able to bring a lawsuit against their employers under the protections of FELA.
This type of claim is a civil suit in which the person who has suffered injury must show that the negligence of their employer caused their mesothelioma, or other injury. However an upcoming case filed before the Supreme Court highlights a roadblock facing some railroad workers who are trying to make their employers accountable for the exposure they have to asbestos.
In this case the family of a deceased railway worker filed an asbestos suit against PATCO. However the Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could prevent the lawsuit from proceeding since the claim is based on FELA, which trumps state laws regarding asbestos claims. Nevertheless, it is important for injured railroad workers to discuss their particular circumstances with an experienced lawyer so that they can better ensure that all legal rights are secured.