5 Must-Know Railroad Asbestos Claims-Practices You Need To Know For 2023
Railroad Asbestos Claims
Railroad workers often utilized or worked with asbestos-containing products because it was a durable and heat-resistant substance. The same characteristics also made asbestos toxic and deadly for those who came in contact with it.
Rail workers frequently carried asbestos dust particles home on their clothing or claims asbestos in their hair. This could expose their families to danger as well.
Federal Employers Liability Act
Railroad workers are often exposed to asbestos. Asbestos is a hazardous material which can cause health issues, including cancer. Fortunately, railroad employees can 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 instead of an individual defendant as in criminal cases.
The FELA is a federal law that was passed in 1908 to protect railroad workers who were injured on the job. FELA differs from state worker’s compensation laws in that it covers employees who are injured at work due to their employer’s negligence. Additionally, railroad employees are able to file claims against certain illnesses such as mesothelioma.
Several railroad companies have been involved in asbestos-related litigation over the years. Amtrak, Transtar and local state and municipal railways are among the railroad companies which have been involved in asbestos litigation throughout the years. Railroad employees are able to sue these companies under FELA and also manufacturers of asbestos bankruptcy trust claims-containing items like locomotive parts, boilers and Claims asbestos railcar siding.
In addition to the federal law, some states have their own worker’s compensation programs. Asbestos-related mesothelioma victims are able to file state-law claims, as well as FELA claims. This allows families to seek compensation from a variety of sources to pay medical bills, lost wages and other expenses.
It is crucial to find a lawyer with experience when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with mesothelioma knowledge that can assist you in obtaining maximum compensation for your injury. Ken Danzinger, a shareholder at the firm represented a family whose husband worked for the California railroad from 1955 until 1959 as a steam engine scrapper. He was an employee who brought asbestos claims scotland dust home on his clothes and hair. In 2012, he was diagnosed with mesothelioma asbestos claim. Ken was able to speed up the case, and the family received a significant mesothelioma compensation.
It is crucial to know the time limit and your rights to settlement when settling an FELA claim. Railroads that are defending themselves often attempt to limit the amount they pay out to a victim by arguing that they cannot prove that their illness is directly related to the exposure they endured at work. It is essential to seek legal advice of an experienced railroad lawyer.
Asbestos Manufacturers
Many railroad workers have suffered from the ravages of asbestos exposure for years. While cars are now surpassing trains for most passenger travel however, the rail system remains a vital part of freight transportation. Asbestos was employed throughout the railroad industry to shield pipelines, engines and car parts.
Rail workers are frequently exposed to asbestos as they work with the equipment they maintain and repair. Workers also brought home asbestos insurance claim dust on their clothes, exposing their spouses and children to the toxic mineral as well.
While railroad companies knew of the dangers of asbestos by 1935, they continued to use it on their trains until the 1980s and the 1990s. Sadly, many of these workers have now developed life-threatening diseases as a result of years of occupational exposure to asbestos, a dangerous mineral.
Asbestos victims often file FELA claims against the makers of the asbestos-containing equipment that they used. These manufacturers can be held accountable for their failure to warn consumers about the dangers of their products as well as for manufacturing asbestos-containing materials that were known to be dangerous.
For example the family of an BNSF railroad worker who passed away from mesothelioma filed a lawsuit against Pneumo Abex LLC. The company was the owner of the brake manufacturing plant in which the deceased’s uncle was employed. The family alleges the deceased’s uncle often brought his asbestos-covered work clothing at home, and his children would slap him while the clothes were on. This lapse of care led to the mesothelioma which caused the death of the family member.
When asbestos-related diseases such as mesothelioma is diagnosed, workers lose the time they would have been able to enjoy retirement and their final years of life. These cases make companies accountable for having flagrantly ignored the health and safety demands of railroad workers in order to maximize profits.
Asbestos lawsuits against railroads resulted in compensations for injured workers and families. Since a clear injury has to be proved in order to establish the possibility of a FELA case, many railroad workers who never developed an asbestos-related illness may not be able to make claims. This is clearly in violation of the underlying principle of tort law, which is 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, some railroad workers are covered by state law that may provide additional legal protections. Asbestos attorneys can deal with claims under a range of laws and statutes to ensure injured workers and their families get the justice they deserve.
Asbestos was used in a variety of railway components like locomotive engines, brakes and steam boilers. A lot of these components required machining or cutting which resulted in the formation of airborne asbestos claims lawyer dust which could be inhaled by workers. The asbestos dust can be ingested and cause lung issues such as mesothelioma.
If railroad workers develop mesothelioma, or any other asbestos-related diseases, they may bring a state-law suit against their employers and manufacturers of the products that exposed them to asbestos. These claims are brought before state courts where juries and judges possess extensive experience in determining compensation for mesothelioma patients. Additionally, state courts typically give priority to and speedily move cases filed by living plaintiffs.
Sandra Brust, from New Jersey, developed mesothelioma while working as a welding for PATCO Railroad. She sued the companies who manufactured asbestos-containing products she worked with. The family was not able to prevail because the Supreme Court ruled her state-law claim was preempted by FELA.
The company that made the asbestos-containing equipment she worked on filed an application for summary judgment and argued that her state law claim was not viable because it did not allege that the manufacturer was aware of the risks of using asbestos in their products. The Supreme Court dismissed her Claims Asbestos.
Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families get the compensation they are entitled to. His vast 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 injured railroad workers and their families recover damages from the parties responsible for their ailments and injuries, including mesothelioma. He has handled railroad-related injury 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. However, it proved to be extremely deadly for railway workers who were exposed to the poisonous material. The material is durable and is able to be able to withstand extreme heat, however these qualities are what makes it dangerous for people who work with them.
Due to the toxins found in asbestos, it can take decades for signs like mesothelioma and lung cancer to manifest. These illnesses can be extremely expensive for patients and their families as they need medical treatment and have to deal with their physical and emotional pain. Fortunately, asbestos-related diseases can receive compensation through various sources.
A mesothelioma lawyer is the most popular method by which railroad workers injured can receive financial compensation. These lawsuits can be filed in federal court or state courts in which a railroad company is located. A victim of injury must prove that their employer’s negligence caused their injury, and they are entitled to financial compensation.
Railroad workers aren’t covered by the standard workers compensation system in many states. Instead, they are legally able to bring a lawsuit against their employers under the protections of FELA.
This type of claim is a civil action where the victim must prove that the negligence of their employer caused mesothelioma or other injury. However an upcoming case filed before the Supreme Court highlights a roadblock for railroad workers who attempt to hold their employers accountable for the exposure they have to asbestos.
In this particular instance, an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court’s ruling in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from going forward because the claim is based on FELA which is a federal law that overrules state laws regarding asbestos claims. However, it is crucial for railroad workers injured to discuss their specific situation with an experienced lawyer to better ensure all legal rights are secured.