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Railroad Asbestos Claims Rail workers worked with asbestos-containing materials a lot because it was a tough and heat-resistant material. However, the same characteristics made asbestos a deadly and toxic material for anyone who came into contact with it. Most often, railway workers often carry asbestos dust that is deadly on their clothes and in their hair. This could also put their families at risk. Federal Employers Liability Act Railroad workers are frequently exposed to asbestos. Asbestos can cause cancer and other health issues. Fortunately, railroad workers are entitled to compensation 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 a defendant like a criminal case. The FELA was enacted in 1908 and is the federal law that protects railroad workers injured on the job. FELA is different from state's worker's compensation laws as it covers employees who suffer injuries on the job due to the negligence of their employers. It also allows railroad employees to file claims for specific illnesses, such as mesothelioma. A number of railroad companies have been involved in asbestos litigation throughout the years. These railroad companies include national corporations such as Amtrak and Transtar and municipal and local railroads as well as state railroads. Railroad workers could sue these companies as well as manufacturers of asbestos-containing products like locomotive parts and boilers. In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers are able to file state law claims as well as FELA claims. This allows families to pursue compensation from multiple sources to help pay medical bills, lost income, and other expenses. When submitting the FELA claim, it is important to hire an experienced attorney. Simmons Hanly Conroy's lawyers possess a wealth mesothelioma expertise and can assist you in obtaining the most 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 a laborer who regularly brought asbestos dust home on his clothes and in his hair, and it was in 2012 that he developed mesothelioma. Ken was able to expedite the case and the family was awarded an extensive mesothelioma settlement. It is essential to understand the statute of limitations and your rights to a settlement when dealing with a FELA claim. The railroads that are defending themselves often attempt to cut the amount they pay to a victim, claiming they cannot prove the illness was directly caused by their negligence on the job. This is why it is important to seek legal help from an experienced attorney for railroads. Asbestos Manufacturers For decades, railroad workers have suffered from asbestos exposure for years. Rail is still a vital component of freight transport, even though cars are now the most popular mode of travel for passengers. Asbestos was employed throughout the railroad industry to insulate pipelines, engines and car parts. In many cases railroad workers were exposed to asbestos due to working contact with the equipment they were servicing or repairing. Workers wore asbestos dust on their clothes, exposing their families to the harmful mineral. Railroad companies were aware of asbestos's dangers in 1935, yet they continued to use the material in their trains throughout the 1980s and 90s. Sadly, many of these workers have developed life-threatening illnesses as a result of their exposure to the hazardous mineral. Asbestos victims typically file FELA claims against the makers of the asbestos-containing equipment that they used. The manufacturers could be held liable for failing to warn of the dangers of their products as well as for producing asbestos-containing products that were known to be harmful. Pneumo Abex LLC was sued by the family of an BNSF railroad employee who died of mesothelioma. The company was the owner of the brake manufacturing plant where the uncle who died was employed. The family claims that the deceased's uncle often brought his asbestos-covered work clothing home and his children would beat him when they saw him in these clothes. This lapse in judgment led to mesothelioma that caused the death of the family member. When workers are diagnosed with asbestos-related ailments 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 hold accountable companies that flagrantly disregarded the safety and health of dedicated railroad employees to increase their profits. Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. Since a clear injury must be proven in order to establish an FELA case, countless railroad workers who have never been diagnosed with an asbestos-related disease may not be able to file claims. This is a clear violation of the tort law principle of compensation for those who suffer due to other people's actions. State Law Claims While federal law is the foundation for many asbestos lawsuits, some railroad workers have state-law claims that could provide additional legal protections. Beaverton asbestos lawsuit can handle claims under a variety of different statutes and laws to ensure that injured workers and their families receive the amount of compensation they are entitled to. Asbestos was used extensively in railway components such as locomotive engines, steam boilers and brakes. A lot of these components required machining or cutting which created asbestos dust which could be inhaled by workers. The asbestos dust can be ingested, causing lung issues like mesothelioma. When railroad workers develop mesothelioma or any other asbestos-related illness, they may have state-law claims against their employers as well as the producers of the products which exposed them to hazardous asbestos. These claims are brought before state courts, where judges and juries possess extensive experience in determining compensation for mesothelioma sufferers. State courts also offer priority and advance cases filed by living mesothelioma patients. This was the case with Sandra Brust, a New Jersey woman who was diagnosed with mesothelioma while working as a welder at PATCO Railroad. She filed a lawsuit against the companies that manufactured 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 preempted by FELA. The company that produced the asbestos-containing products on which she worked filed a motion for a summary judgment. They claimed that her state law claim was invalid since it did not claim that the company was aware of the risks associated with the use of asbestos in its products. The Supreme Court dismissed her claims. Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their loved ones obtain the compensation they deserve. His vast experience in FELA cases which include asbestos exposure, has allowed him to secure millions of dollars in verdicts and settlements for his clients. He is dedicated to helping railroad workers and their families obtain damages from those who are responsible for their injuries, illnesses and mesothelioma. He has handled railroad injuries claims successfully in Illinois, Missouri Ohio, West Virginia, and Montana. Compensation Asbestos was widely used in the construction of railroads, specifically in diesel and steam-powered trains. It also caused serious harm to many railway workers exposed to the toxic substance. The material is tough and can withstand extreme heat, but these properties makes it dangerous for people who work with them. It can take years for mesothelioma-related symptoms and lung cancer to manifest because of the toxins in asbestos. These diseases can be extremely expensive for the families of victims who require medical attention and have to endure physical pain and emotional suffering. Fortunately, asbestos-related diseases can receive compensation through various sources. The most common way for railroad workers injured in an accident to get financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These claims can be filed in federal courts or state courts in which a railroad company is located. A victim of injury must prove that the negligence of their employer caused their injury, and they are entitled to financial compensation. Railroad workers aren't covered by the standard workers compensation system in a number of states. Instead, they are legally able to bring an action against their employers under the protections of FELA. This kind of claim is a civil lawsuit where the victim must prove that negligence by their employer caused their mesothelioma, or another injury. However the recent case that was that was brought before the Supreme Court highlights a roadblock for railroad workers who attempt to hold their employers accountable for exposure to asbestos. In this particular instance, a family member of a deceased railway worker has filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's ruling in Kurns v. Norfolk Southern Railway Co. could stop 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 talk to an attorney about their particular situation so they can ensure all of their legal rights are protected.