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Railroad Asbestos Claims Railroad workers frequently used or worked with asbestos-containing materials due to its robust and heat-resistant material. However, the same characteristics made asbestos poisonous and deadly for those who came in contact with it. Rail workers frequently brought asbestos dust particles home on their clothes or in their hair. This could put their families in danger as well. Federal Employers Liability Act Asbestos is a hazard that railway workers are exposed to. Asbestos is a dangerous material which can cause illnesses including cancer. 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 it is filed against the employer, not a defendant like a criminal case. The FELA is a federal law adopted in 1908 to protect 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 because of their employer's negligence. It also allows railroad workers to file claims when they develop certain illnesses like mesothelioma. Over the years, several railroad companies have been involved in asbestos litigation. Amtrak, Transtar and local municipal and state railways are among the railroads which have been involved in asbestos litigation over the years. Railroad workers can sue these companies and producers of asbestos-containing items such as locomotive parts or boilers. In addition to the federal law, some states have their own worker's compensation programs. Asbestos-related mesothelioma sufferers can file state law claims as well as FELA claims. This allows families to seek compensation from multiple sources to help pay medical bills, lost wages, and other expenses. It is crucial to find an attorney 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, shareholder at the firm represented the family member who worked for the California Railroad from 1955 until 1959, as a steam engine scrapper. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair. Eventually, he developed mesothelioma in 2012. Ken was able expedite the case and his family was awarded a significant mesothelioma payout. Understanding the statute of limitation and your rights in a settlement are crucial when dealing with the FELA case. Railroads that are defending themselves often attempt to limit the amount of money paid out to a victim by claiming that they cannot prove that the illness is directly connected to their work-related exposure. It is crucial to seek legal advice of an experienced railroad lawyer. Asbestos Manufacturers Many railroad workers have been suffering the effects of asbestos exposure for a long time. While cars are now surpassing trains for the majority of passenger travel however, the rail system remains an essential component of freight transportation. Asbestos was utilized throughout the railroad industry to shield trains, pipes and car parts. In many instances railroad workers were exposed to asbestos due to work-related contact with equipment they were servicing or repair. Workers also brought asbestos dust home on their clothing, exposing their spouses and children to the toxic mineral too. While railroad companies were aware of asbestos' dangers by 1935 however, they continued to use asbestos on their trains through the 1980s and 1990s. Unfortunately, a lot of these workers have developed life-threatening illnesses as a result of their exposure to the dangerous mineral. Asbestos victims often have to file FELA claims against the makers of the asbestos-containing equipment they used. They could be held liable for not advising about the dangers that could be posed by their products, or for manufacturing asbestos-containing material that was known to be harmful. Pneumo Abex LLC was sued by the family of the BNSF railroad employee who passed away from mesothelioma. The company owned the brake manufacturing plant in which the deceased's uncle worked. The family claims that the deceased's uncle often brought his asbestos-covered work clothes home and his children would slap him while he was wearing these clothes. This lapse of judgment led to mesothelioma cancer that caused the death of the family member. When employees are diagnosed with asbestos-related diseases such as mesothelioma, they're stripped of the time they could have spent enjoying retirement and the last chapters of their lives. These cases hold companies accountable for having flagrantly disregarding the health and safety requirements of dedicated railroad employees in order to maximize profits. Asbestos lawsuits against railroads resulted in compensations for families of injured workers. Since a demonstration of injury that is manifest is required for bringing a FELA claim, many healthy railroad workers who do not suffer from an asbestos-related illness may be unable to file a claim. This is a clear infringement of the tort law principle of compensation for the victims of others' actions. State Law Claims While federal law is the basis for most asbestos lawsuits against railroad workers, state laws may provide additional protections. Asbestos lawyers are able to handle claims under various statutes and laws to help injured workers get the compensation they deserve. Asbestos was widely used in railway components like steam boilers, locomotive engines and brakes. Many of these components required cutting or machining which created asbestos dust which could be inhaled by workers. The asbestos dust can be ingested and cause lung diseases such as mesothelioma. When railroad workers suffer from mesothelioma, or other asbestos-related diseases in their lifetime, they may be able to file state-law claims against their employers and the producers of the products which exposed them to hazardous asbestos. These claims are filed in state courts where judges and juries have vast experience in determining proper compensation for mesothelioma victims. State courts also give priority and advance cases filed by living victims. This was the case with Sandra Brust, a New Jersey woman who developed mesothelioma as a welder for PATCO Railroad. She sued the companies that produced the asbestos-containing equipment she used to work on. Her family was unable prevail since the Supreme Court ruled her state-law claim was preempted by FELA. The company that made asbestos-containing products for which she worked, filed an application for a summary judgment. They asserted that her state law claim was not valid since it did not claim that the manufacturer was aware of the dangers associated with using asbestos in its products. The Supreme Court agreed and dismissed her claims. Ken Danzinger, a partner with Simmons Hanly Conroy, helps individuals and the family members of those who suffer from the same receive the compensation they deserve. His extensive experience in FELA cases which include asbestos has helped him obtain millions of dollars for his clients in verdicts and settlements. Lynn asbestos lawsuits 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 injury claims in Illinois, Missouri, Ohio, West Virginia and Montana. Compensation Asbestos was extensively utilized in the design and construction of railroads. However, it proved to be extremely deadly for many railway workers who were exposed to the toxic material. The material is very durable and capable of withstanding immense quantities of heat. However these qualities are what make it hazardous for those who work with it. It could take a long time for symptoms like mesothelioma and lung cancer to manifest due to the toxins that are found in asbestos. These illnesses can be very expensive for families and victims because they require medical treatment and to bear the physical pain and emotional trauma. Fortunately, those suffering from asbestos-related illnesses are eligible for compensation through various sources. The most common method for injured railroad workers to receive financial compensation is via the filing of a lawsuit by a mesothelioma lawyer firm. The claims can be filed in federal court or state courts near the railroad company. The injured party must prove that 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 lot of states. Rather, these workers are qualified to file an action against their employers under the protections of FELA. This is a civil action where the injured person has to demonstrate that the negligence of their employer caused their mesothelioma or any other injuries. However the recent case that was that was brought before the Supreme Court highlights a roadblock facing some railroad workers who try to claim their employers are responsible for exposure to asbestos. In this particular case, the family member of the deceased railway worker filed an asbestos lawsuit against PATCO in New Jersey. The Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. may prevent this lawsuit from going forward because the claim is based upon FELA which is a federal law that overrules state laws regarding asbestos claims. It is nevertheless important for railroad workers injured to discuss their specific situation with an experienced lawyer to better ensure that their legal rights are protected.