How to File a Railroad Lawsuit
Railroad workers who contract a disease or illness related to occupational exposure may be entitled to compensation. Contacting an FELA attorney can assist.
Plaintiffs claim that they were exposed to degreasing chemicals and creosote which is the generic name for coal tar, when working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is a law, allows railroad workers to sue their employers when they are injured at work. As opposed to workers' compensation laws, which provide financial benefits regardless of the way in which an injury is caused, FELA requires injured railroad employees prove that their employer's negligence caused their injuries.
The FELA also specifies several types of damages an injured worker could be entitled to. This includes medical expenses, lost wages and suffering and pain. If the victim suffers an injury to the head that is traumatic they could also be entitled to permanent disability benefits and total disability as well as future loss of earnings and companionship.
FELA claims aren't limited to traumatic brain injuries. They may also be filed in the event of a variety of other conditions and illnesses caused by toxic exposures. For example, many former railroad workers who were engineers, conductors and switchmen, carmen office workers and machinists are currently suffering from various kinds of cancers, including mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos silica dust as well as chemical solvents, and herbicides throughout their careers.
An experienced attorney at your side can assist you to effectively navigate your FELA claim. To succeed in your case your attorney needs to be familiar with the ins and outs of FELA and other pertinent laws like Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace-related disease is a sickness or injury that happens as a result if one's occupation. Unlike traumatic injuries like those that occur in workplace accidents or car falls, many occupational illnesses progress slowly over time. This is due to the constant exposure to toxic chemicals as a part of the routine at work.
Many railroad workers are exposed to a myriad of dangerous chemicals. They often suffer from chronic illness and serious illness because of it. Certain of these conditions could be life-threatening, and require ongoing treatment. Fortunately, there are compensations available to railroad workers who are injured.
Leukemia lawsuit is among the most common illnesses. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene which is a toxic substance that can cause blood cancers as well as other diseases. It is present in gasoline, various kinds of wood preservatives, and certain kinds of tar.
Bladder cancer lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years, developed lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. cancer lawsuit was exposed toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad used the "soaking wet" method of treating rail ties, leaving employees covered from head to toe in the chemicals.
Wrongful Death
On the job railroad workers are exposed to various cancer-causing chemicals. Unfortunately, some of these exposures result in premature deaths among workers and their families. If a person dies prematurely because of the negligence of a railroad, it may be possible to bring a lawsuit against them for wrongful deaths. A seasoned Pennsylvania railroad injury lawyer could analyze the circumstances surrounding your loved one's death and determine if you could be legally entitled to compensation.
Damick argued during closing arguments that Brown did not realize that creosote could cause AML, and that CNW had known about the dangers for years. He also noted that the CNW had to provide protective clothing beginning in 1986, however it did not until Union Pacific bought it in 1996.
In cases where the FRA declares willful or willful conduct, the railroad could be punished and cited, but cannot be indemnified for the penalty by its parent company or another organization, like an organization for workers. Bladder cancer lawsuit intended that penalties be a deterrent for the conduct of individuals, which could be lessened or eliminated if a railroad or its affiliates, were to pay for the penalties. If an individual or railroad does not agree to settle an amount of penalty then the FRA will through the Attorney General, sue in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a regular basis and these harmful substances can cause various types of cancer and chronic diseases like mesothelioma, lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If a railroad worker is diagnosed with one of these illnesses and suspects that the condition may be due to exposure while working, they should consult a railroad cancer attorney.
In a recent case an Illinois jury gave $50,000 to the family of a railroad worker who passed away from mesothelioma. The plaintiff worked between 1976 to 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. He was exposed to creosote coated railroad ties as part of his duties as a maintenance-of-way employee. The jury concluded that his death was caused by the long-term exposure of these chemicals and other dangerous materials on the railroad.
Although this decision is not huge however, it shows the potential for substantial damages in the event of a FELA lawsuit. Railroads are responsible for medical expenses along with lost income and other damages that employees suffer in such cases. A knowledgeable lawyer for railroad cancer could assist victims to obtain the justice they deserve.