How to File a Railroad Lawsuit
Chemical solvents are a part of the working environment for a large number of railroad workers. If you develop leukemia after working for the railroad and suspect that your work environment exposure caused the, you may be entitled to compensation.
In contrast to workers' compensation claims, FELA lawsuits allow plaintiffs to claim unlimited damages. Find out more about FELA lawsuits and how you can submit your own claim.
Benzene Exposure Lawsuits
Benzene, a petroleum-based chemical is present in gasoline and diesel fuel. It is clear or light yellow that vaporizes when exposed to air. It is used to create rubber, chemicals, and paints. It is also used as a solvent to clean equipment and remove grease from machines. Railroad workers typically handle or utilize these harmful chemicals as part of their duties.
Workers who are exposed to benzene in their work can suffer from a number of severe adverse effects, including leukemia and other cancers. Some of the symptoms are fatigue, nausea, vomiting and hair loss. union pacific railroad lawsuit may also experience a loss of memory and difficulty concentrating.
If the worker is diagnosed one of these diseases, he or she can file a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be able for damages, an employee must prove that their employment and exposure to a chemical were a significant contributor to the illness.
Workers who have been exposed could also file wrongful death lawsuits against their employers. Wrongful death damages can be used to cover funeral expenses burial costs, emotional distress, and suffering and pain. These damages are calculated using the same method that workers who receive FELA compensation are compensated.
FELA Lawsuits
Railroad companies are known for exposure to carcinogens such asbestos, diesel exhaust and lead. This puts a lot of former employees of railroads at risk threat of developing serious occupational illnesses such as mesothelioma, lung cancer, and kidney cancer. These workers have the option to sue for compensation for their injuries. cancer lawsuit (FELA) permits those workers to sue their employers in a different legal framework than traditional workers compensation programs.
Contrary to workers' compensation laws, FELA is a fault-based law that requires workers to prove their employer's negligence was a factor in their injury or illness. If an employee can show that a railroad company's negligence contributed to their injury they are entitled to damages for the losses they suffered. This includes claims to get back lost wages, medical costs and discomfort and pain.
Unfortunately, railroad corporations defend these claims with sophisticated and often aggressive litigation strategies. These defenses could include the argument that the former employee cannot pinpoint an exact instance where toxic substances were in the environment and can't identify a manufacturer or part that contained harmful chemicals and toxins. A skilled FELA attorney who specializes in railroad injury cases can counter these defenses. They can also discover evidence of negligence on the part of the railroad from various sources, including third party.
Class Action Lawsuits
A class action lawsuit permits one plaintiff to sue for others who have suffered similar injuries. The Plaintiff is referred to as a "class representative," sues a company (in this case, BNSF Railway Company). All those who have similar claims are referred as the "class." In the case of a class action, a judge resolves all issues of the entire class. This is more efficient than filing many individual lawsuits.
If you are a class member, you could be entitled compensation for medical expenses loss of wages, pain and discomfort, loss of enjoyment in life and other damages. You could also be entitled for wrongful-death damages if your loved one who died from leukemia caused by railroads.
Railroad companies are required to provide a safe work environment for their workers. Unfortunately, many railroads fail to meet this requirement. Workers are exposed to toxic industrial chemicals and diesel exhaust while at work. This is often the cause of cancer and other long-term health problems.
This Court has certified the Class and is moving towards trial. The Court has not yet decided if BNSF violated BIPA or what you could receive in the event of a violation. You will be notified if and when the Court decides. The documents on this site, including the Court's Order certifying the Class and the Second Amended Complaint filed by the Plaintiff and BNSF's response to the Second Amended Complaint will aid you in determining if you have claims.
Wrongful death lawsuits
If someone was killed due to someone else's negligence, the victim's family may file a wrongful deaths lawsuit. This type of lawsuit seeks to recover the decedent's financial losses in the form of loss of companionship, the pain and suffering that comes with it. It also compensates the survivors of the family for their losses and costs that will continue for the foreseeable future. A wrongful death lawsuit may be brought by the who died's spouse, children, siblings parents, nieces, nephews, or anyone who was financially dependent on them at the time of the incident.
In the event of a railroad accident that causes death an wrongful-death lawsuit can bring the railroad company to account for the death of a loved one. A train accident lawyer can help a victim's family obtain the maximum settlement amount.
An attorney can look over the facts in a wrongful-death lawsuit in the event of a train collision, such as accident reports or physical evidence. The lawyer can also use expert witness testimony, as well as other sources to create the strongest case that is possible.
In a case of wrongful death, a wife sued BNSF for the death of her husband at a railroad crossing in Pontotoc County. The widow claimed BNSF didn't provide enough warnings. cancer lawsuits argued the crossing did not have automatic gates, and that flashing lights did not give reliable warnings that a train was coming. BNSF filed motions for pretrial, claiming that federal law preempted widow's claims. The court denied BNSF's motions.