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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. These same qualities also made asbestos toxic and deadly to anyone who came into contact with it. Often, rail employees 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 (FELA) Railroad workers are often exposed to asbestos. Asbestos is known to cause cancer and other health issues. Thankfully, 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 an employer, not the defendant in a criminal case. The FELA was enacted in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA is different from state's worker's compensation laws since it covers workers who are injured at work due to their employers ' negligence. It also permits railroad workers to file claims when they suffer from certain ailments such as mesothelioma. A number of railroad companies have been involved in asbestos litigation throughout the years. Amtrak, Transtar and local state and municipal railways are among the railroads that have been involved in asbestos litigation over the years. Railroad employees are able to sue these companies under FELA and also manufacturers of asbestos-containing products, such as locomotive parts, boilers and railcar siding. In addition to the federal law, certain states have their own worker's compensation programs. Asbestos sufferers are able to file state law mesothelioma claims in addition to FELA claims. This permits families to seek compensation from a variety of sources to pay medical expenses, lost wages and other costs. It is crucial to find an experienced lawyer when filing an FELA lawsuit. Simmons Hanly Conroy's lawyers have a wealth mesothelioma expertise and can help you get the maximum amount of compensation for your injuries. Ken Danzinger, shareholder at the firm represented the family member who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a laborer who regularly brought home asbestos dust on his clothing and in his hair. Then, the cancer was diagnosed in 2012. Ken was able to speed up the case, and the family was awarded a significant mesothelioma settlement. It is important to be aware of the time limit and your rights to settlement when settling an FELA claim. Bellevue asbestos lawyer that defend themselves frequently try to cut down on the money that is paid to a victim, claiming that they can't prove that the illness was directly caused by their exposure on the job. This is why it is important to seek legal assistance from a seasoned railroad attorney. Asbestos Manufacturers For many years, railroad workers have suffered from asbestos exposure for years. Rail remains an important part of freight transportation, even though cars are the most popular mode of transport for passengers. Asbestos was used throughout the railroad industry to insulate trains, pipes and car components. In many instances railroad workers were exposed to asbestos through on-the-job contact with the equipment they were servicing and repairing. Workers brought asbestos dust home on their clothes, exposing their families to the toxic mineral. While railroad companies knew of asbestos' dangers by 1935, they continued to use asbestos on their trains through the 1980s and the 1990s. Unfortunately, a large number of workers are currently suffering from serious illnesses because of years of exposure to asbestos. Asbestos victims often are required to file FELA claims against the manufacturers of asbestos-containing equipment with which they worked. They could be held responsible for not advising of the dangers associated with their products, and for producing asbestos-containing material that was found to be harmful. Pneumo Abex LLC was sued by the family of the BNSF railroad employee who died from mesothelioma. The company owned the brake manufacturing plant in which the uncle of the deceased worked. The family alleges that the deceased's uncle often brought work clothes home, and when the clothes were on his children would play with him and roughhouse him when he was wearing asbestos-covered work clothes. This negligence led to mesothelioma which caused the death of the family member. When workers are diagnosed with asbestos-related ailments such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the last chapters of their lives. These cases are a way to hold accountable businesses that blatantly ignored the safety and health of dedicated railroad employees to maximize their own profits. Asbestos lawsuits against railroad companies have resulted in compensation claims for injured workers and their families. Since a demonstration of injury that is manifest is required for bringing an FELA claim, countless seemingly healthy railroad workers who do not suffer from an asbestos-related illness may be unable to file an claim. This is a clear violation of the tort law principle that compensates the victims of the actions of others. State Law Claims While federal law is the foundation for many asbestos lawsuits, certain railroad workers are covered by state law that may provide additional legal protections. Asbestos lawyers can handle claims under various statutes and laws in order to ensure injured workers receive the compensation they need. Asbestos was employed in a variety of railway components, including locomotive engines, brakes and steam boilers. Asbestos dust was produced by cutting and machining many of these components, and workers could inhale. This asbestos dust can be ingested and cause lung diseases such as mesothelioma. If railroad workers suffer from mesothelioma, or any other asbestos-related diseases, they can make a claim under the state law against their employers as well as the makers of the products which exposed them to asbestos. These claims are filed before state courts, where judges and juries possess vast experience in determining the 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 was diagnosed with mesothelioma as a welder at PATCO Railroad. She sued the companies that manufactured the asbestos-containing equipment she used to work on. The family was not able to win 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 in support of her state-law claim was unconvincing since it did not state that the manufacturer knew the dangers of using asbestos in their products. The Supreme Court agreed and dismissed her claims. Ken Danzinger is a partner at Simmons Hanly Conroy who helps people and their families get the compensation they deserve. His vast experience in FELA cases including asbestos cases – has helped him to obtain millions of dollars for his clients through settlements and verdicts. He is dedicated to helping railroad workers injured and their loved ones recover damages from those who are responsible for their injuries and illnesses, including mesothelioma. He has been successful in handling railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana. Compensation Asbestos was extensively used in the construction of railroads, specifically in diesel- and steam-powered trains. It was also deadly for the railway workers who were exposed the toxic substance. The material is strong and is able to be able to withstand extreme heat, however these characteristics make it dangerous for the people who work with them. Due to the toxins found in asbestos, it can take decades for symptoms such as mesothelioma or lung cancer to show up. These conditions can be extremely costly for victims and families, as they require medical treatment and have to deal with their physical and emotional pain. 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 through a lawsuit filed with a mesothelioma law firm. These claims can be brought in federal courts, or state courts located close to the railroad's company. Injury victims must prove that their employer was negligent and they are entitled to financial compensation. Railroad workers aren't covered under the standard workers compensation system in many states. Rather, these workers are eligible to file an action against their employers under the protections of FELA. This is a civil action where the injured person has to prove that their employer's negligence caused their mesothelioma, or any other injuries. A recent case that was heard by the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers responsible for exposing them to asbestos. In this particular case, a family member of the 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 prevent this lawsuit from moving forward since the claim is based on FELA which overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who are injured speak to an attorney regarding their particular circumstances so they can ensure that their legal rights are secured.