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Railroad Asbestos Claims Rail workers used or worked with asbestos-containing materials often because it was a durable and heat-resistant material. But, these same qualities made asbestos poisonous and deadly for those who came into contact with it. In many cases, rail workers would carry deadly asbestos dust fibers home with them on their clothing and hair. This could also put their families at risk. Federal Employers Liability Act (FELA) Asbestos is a dangerous material that railroad workers are exposed. Asbestos can cause cancer as well as other health problems. Fortunately, railroad employees can claim compensation from their employers under the Federal Employers Liability Act (FELA). A FELA claim functions similarly to a personal injuries lawsuit, but it is filed against an employer and not a defendant as in criminal cases. The FELA was passed in 1908 and is the federal law that safeguards railroad workers injured on the job. FELA differs from state workers' compensation laws in that it covers workers injured on the job due to their employer's negligence. It also permits railroad workers to file claims for specific diseases like 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 as well as municipal and state-owned railroads in the local area. Railroad employees can sue these companies under FELA as well as producers 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-related mesothelioma sufferers are able to file state law claims, as well as FELA claims. This allows families to pursue compensation from a variety of sources to help pay for medical expenses, lost income and other expenses. It is crucial to find an attorney with experience when filing a FELA lawsuit. Simmons Hanly Conroy's attorneys have vast knowledge in mesothelioma and can assist you in getting maximum compensation for your injury. Ken Danzinger, shareholder at the firm represented a family of a man who worked for the California Railroad from 1955 to 1959, as a steam engine scrapper. He was a laborer who frequently brought home asbestos dust on his clothing and in his hair. Then, it was in 2012 that he developed mesothelioma. Ken was able to expedite the case, and the family received an enormous mesothelioma settlement. Understanding the statute of limitations and your rights in a settlement are crucial when deciding on a FELA case. Railroads who are defendants frequently try to reduce the amount paid out to a victim by claiming that they cannot prove that their illness is directly linked to their exposure at work. This is why it is important to seek legal help from an experienced attorney for railroads. Asbestos Manufacturers For many years railroad workers have suffered from asbestos exposure for years. Rail is still a vital component of freight transport even though automobiles are now the most popular mode of transport for passengers. Asbestos was used in the railroad industry for a long time to protect engine parts, pipes and automobile components. Rail workers are frequently exposed to asbestos through their work with equipment that they service and repair. Workers also brought home asbestos dust on their clothes, exposing their children and spouses to the harmful mineral, too. Railroad companies were aware of asbestos' dangers in 1935, but they continued to employ the material on their trains into the 1990s and into the 1980s. Unfortunately, many of these workers are now suffering from life-threatening diseases because of years of occupational exposure. Asbestos victims frequently are required to file FELA claims with the makers of asbestos-containing equipment on which they worked. They could be held responsible for failing to warn about the dangers that could be posed by their products, or for producing asbestos-containing material that was recognized as harmful. For instance, the family of an BNSF railroad worker who died of mesothelioma has filed a lawsuit against Pneumo Abex LLC. The company owned the brake plant at which the deceased's nephew worked. The family claims that the deceased's uncle regularly brought his work clothing to his home, and if he wore these clothes his children would play with the deceased and roughhouse him as wearing asbestos-covered work clothes. This lapse in judgment led to mesothelioma that killed the family member. If workers are diagnosed with asbestos-related ailments such as mesothelioma, they're robbed of the time they could have spent enjoying retirement and the final chapters of their lives. These cases are a way to hold the companies accountable for having blatantly ignored the health and safety requirements of dedicated railroad employees to maximize their profits. Dearborn asbestos lawsuits against railroad companies have led to compensation for injured workers and their families. Unfortunately, because a showing of injury that is manifest is required to file a FELA claim, countless seemingly healthy railroad workers who don't develop an asbestos-related disease might not be able to bring claims. This is a clear violation of the basic principle of tort law, which is to compensate people who suffer as a result of other' actions. State Law Claims While federal law is the foundation for most asbestos lawsuits, certain railroad workers have state-law claims that could provide additional legal protections. Asbestos lawyers can deal with claims under various statutes and laws in order to help injured workers receive the compensation they need. Asbestos was utilized in a variety of railway components like locomotive engines, brakes and steam boilers. Asbestos dust was produced by machining and cutting many of these components, which workers could breathe in. The asbestos dust can be inhaled and cause lung diseases such as mesothelioma. If railroad workers suffer from mesothelioma, or other asbestos-related diseases, they can make a claim under the state law against their employers as well as the makers of the products that exposed them to asbestos. These claims are filed before state courts where juries and judges have vast experience in determining the compensation for mesothelioma sufferers. State courts also offer priority to cases that are filed by living mesothelioma patients. This was the case for Sandra Brust, a New Jersey woman who developed mesothelioma while working as a welder at PATCO Railroad. She brought a lawsuit against the companies who made the asbestos-containing products she worked on. Her family was unable prevail because the Supreme Court ruled her state-law claim was preempted by FELA. The company that manufactured the asbestos-containing equipment she worked on filed a motion for summary judgment in support of her state-law claim was not viable since it did not state that the manufacturer was aware of the risks of using asbestos in their 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 extensive experience in FELA cases that include asbestos exposure, has helped him secure millions of dollars in settlements and verdicts for his clients. He is dedicated to helping injured railroad workers and their families collect damages from those responsible for their ailments and injuries, including mesothelioma. He has successfully handled railroad injury claims in Illinois, Missouri, Ohio, West Virginia and Montana. Compensation Asbestos was widely used in the construction and design of railroads. Unfortunately, it also proved to be very deadly for many railway workers who were exposed to the poisonous material. The material is extremely tough and can withstand huge amounts of heat; however, these qualities are exactly what make it hazardous to workers who work with it. It could take a long time for symptoms like mesothelioma and lung cancer to manifest due to the toxins found in asbestos. These illnesses can be very expensive for the families of victims because they require medical treatment and to bear the physical pain and emotional trauma. Fortunately, those suffering from asbestos-related diseases can receive compensation through various sources. The most common way for railroad workers injured to receive financial compensation is through the filing of a lawsuit with a mesothelioma law firm. These claims can be brought in federal courts or state courts close to the railroad company. The injured party must prove that their employer was negligent and they are entitled to financial compensation. Unlike most other workplace injuries railroad workers don't have access to the standard workers compensation system in the majority of states. Rather, these workers are qualified to file an action against their employers under the protections of FELA. This is a civil lawsuit in which the person who is injured must prove that their employer's negligence caused their mesothelioma, or another injury. A recent case before the Supreme Court highlights an obstacle for some railroad workers who wish to hold their employers accountable for exposing them asbestos. In this case the family of a deceased railway employee filed an asbestos suit against PATCO. However the Supreme Court's decision in Kurns v. Norfolk Southern Railway Co. could stop this lawsuit from progressing since the claim is based on FELA which is a law that overrules state laws regarding asbestos claims. It is nevertheless essential that railroad workers who have been injured speak to an attorney about their particular situation so they can ensure that their legal rights are protected.