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Railroad Asbestos Claims Rail workers used or worked with asbestos-containing materials often due to its durability and heat-resistant material. The same characteristics also made asbestos toxic and deadly for those who came into contact with it. Often, rail employees would take asbestos dust that is deadly with them on their clothing and in their hair. This could put their families in danger as well. Federal Employers Liability Act (FELA) Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and 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 is filed against the employer, not an individual defendant as in criminal cases. The FELA was passed in 1908 and is the federal law that protects railroad workers injured on the job. FELA differs from state worker's compensation laws in that it protects employees injured on the job due to their employer's negligence. It also allows railroad employees to file claims against certain diseases like mesothelioma. A number of railroad companies have been involved in asbestos-related litigation over the years. These railroad companies include national corporations such as Amtrak and Transtar as well as local state and municipal railroads. Railroad workers can sue these companies under FELA as well as manufacturers of asbestos-containing items like boilers, locomotive parts, and railcar siding. Some states have their own programs for workers' compensation in addition to federal law. Asbestos victims are eligible to claim mesothelioma under state law in addition to FELA claims. This permits families to seek compensation from various sources to help pay medical bills, lost income and other expenses. It is crucial to find an experienced lawyer when filing a FELA lawsuit. Simmons Hanly Conroy has attorneys with a wealth of mesothelioma experience who 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 until 1959 as a steam engine scrapper. He was a laborer who regularly brought asbestos dust to his home on his clothes and in his hair. Then, he developed mesothelioma in 2012. Ken was able to expedite the case, and the family received a substantial mesothelioma settlement. It is essential to understand the time limit and your rights to settlement when settling the FELA claim. The railroads who defend themselves often try to reduce the amount they pay to a victim, claiming they are unable to prove that the illness was directly caused due to their exposure to the work environment. It is essential 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. Manteca asbestos lawyers is still a vital component of freight transportation despite the fact that cars are the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to shield train engines, pipes and car parts. Rail workers are frequently exposed to asbestos because of their work with the equipment they maintain and repair. Workers wore asbestos dust on their clothing, exposing their families to the harmful mineral. Railroad companies were aware of asbestos' dangers in 1935, but continued to use the substance on their trains into the 1990s and into the 1980s. Unfortunately, many of these workers are currently suffering from serious illnesses due to years of exposure to asbestos. Asbestos victims typically file FELA claims against the makers of the asbestos-containing equipment they used. They can be held liable for failing to warn of the dangers of their products as well as for manufacturing asbestos-containing materials that were found to be dangerous. Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died of mesothelioma. The company was the owner of the brake plant where the nephew who died worked. The family claims that the deceased's uncle often brought work clothes at home, and that when the clothes were on his children would play with the deceased and roughhouse him as he was wearing asbestos-covered work clothing. This lapse in judgment led to mesothelioma cancer that caused the death of the family member. When asbestos-related diseases like mesothelioma are diagnosed workers lose the time they would have enjoyed retirement and their final years of life. These cases hold accountable corporations that have blatantly disregard for the health and safety of their employees in order to increase their profits. Asbestos lawsuits filed against railroad companies have led to compensation for injured workers and their families. However, since a proof of manifest injury is required for bringing an FELA claim, countless seemingly healthy railroad workers who don't develop an asbestos-related disease might be unable to make such claims. This is a clear violation of the fundamental principle of tort law, which is to compensate those who suffer as a result of other' actions. State Law Claims While federal law provides the basis for the majority of asbestos lawsuits, a few railroad workers are covered by state law that could provide additional legal protections. Asbestos lawyers can manage claims under a variety of laws and statutes to ensure that injured workers and their families receive the compensation they deserve. Asbestos was used extensively in railway components such as steam boilers, locomotive engines and brakes. Many of these components required machining or cutting which created asbestos dust which could be inhaled by workers. The asbestos dust can be inhaled and cause lung issues such as mesothelioma. If railroad workers suffer from mesothelioma or other asbestos-related illnesses, they can bring a state-law suit against their employers and the manufacturers of the products which exposed them to asbestos. These claims are filed in state courts which are where juries and judges have vast experience in determining the amount of compensation for mesothelioma patients. State courts also give priority to cases that are filed by living victims. Sandra Brust, from New Jersey suffered mesothelioma when working as a welding technician for PATCO Railroad. She sued the companies who produced asbestos-containing products that she worked on. The family was not able to prevail since the Supreme Court ruled her state-law claim was preempted by FELA. The company that manufactured asbestos-containing products for which she worked, filed a motion for a summary judgment. They argued that her state law claim was invalid because it did not allege the manufacturer knew of the dangers associated with asbestos being used in its products. The Supreme Court dismissed her claims. Ken Danzinger is a partner at Simmons Hanly Conroy who assists individuals and their families receive the compensation they deserve. His vast experience in FELA cases which include asbestos has helped him obtain millions of dollars for his clients through settlements and verdicts. He is committed to helping injured railroad workers and their families recover damages from the parties responsible for their injuries and illnesses, including mesothelioma. He has handled railroad injury claims 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 posed a threat to railroad workers who were exposed to the toxic substance. The material is durable and is able to endure extreme heat, but these characteristics make it dangerous for the people who work with them. It could take years for mesothelioma symptoms and lung cancer to appear due to the toxins that are found in asbestos. These conditions can be very expensive for the victims and their families as they need medical treatment and have to deal with their physical and emotional pain. Fortunately, victims of asbestos-related illnesses are eligible for compensation through various sources. The most common method for injured railroad workers to get financial compensation is through a lawsuit filed by a mesothelioma lawyer firm. These claims can be filed in federal court or state courts where railroad companies are located. An injury victim must be able to prove that the negligence of their employer caused their injury and they are owed financial compensation. As opposed to other types of workplace injuries, railroad workers do not have access to the typical workers' compensation system in most states. They can sue their employers for compensation under FELA protections. This is a civil claim where the injured person must prove that the negligence of their employer caused their mesothelioma or other injury. A recent case that was heard by the Supreme Court highlights an obstacle for railroad workers who want to hold their employers accountable for exposing them to asbestos. In this particular case an individual from the family of a deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from moving forward since the claim is based on FELA, which trumps state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak with an attorney about their particular circumstances so they can ensure all of their legal rights are protected.