How to File a Railroad Lawsuit
Railroad workers who contract an illness or disease due to exposure to the workplace may be entitled to compensation. Contacting a FELA attorney can help.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers' Liability Act (FELA) is an act of law, permits railroad employees to sue their employers when they suffer injuries during the course of their work. In contrast to workers' compensation statutes which offer financial compensation regardless of how an injury occurred, FELA requires injured railroad employees to prove that their employer's negligence contributed to their injuries.
The FELA also specifies several types of damages that an injured worker may receive. cancer lawsuits , lost wages and discomfort and pain are all included. If the victim is suffering from trauma to the head, they may also be entitled to benefits for permanent disability and total disability as well as future loss of earnings and companionship.
FELA claims aren't limited to brain injuries caused by trauma. They can also be claimed in the event of a number of other conditions and illnesses caused by exposure to toxic chemicals. For instance, a large number of former railroad workers who worked as conductors, engineers, switchmen, carmen, machinists and office staff are currently suffering from various forms of cancer, such as mesothelioma. Former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, chemical solvents and weed killers.
An experienced lawyer on your side can help effectively navigate your FELA claim. To be successful in your case your attorney needs to be aware of the ins and outs of FELA as well as other relevant laws such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational illness is a condition or injury that is a a result if one's occupation. In contrast to injuries that are traumatic like those that occur in workplace accidents or car falls, many occupational illnesses progress slowly over time. This is because of continuous exposure to toxic chemicals that are part of one's daily work routine.
Many railroad employees are exposed to a range of hazardous chemicals. They often suffer from chronic illnesses and serious ailments due to this. Certain conditions could be life-threatening and require continual treatment. Fortunately there are compensation options available to railroad workers who are injured.
One of the most frequent diseases is cancer. Numerous studies have been conducted on railroad workers who have cancer. by exposure to diesel fumes and other chemical hazards. These chemicals include benzene. It is a toxic chemical and can cause blood cancers. It is found in gasoline, certain kinds of wood preservatives as well as certain kinds of tar.
Leukemia lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years, developed lung cancer due to exposure to diesel exhaust and other harmful chemicals while working on the railroad. The worker was exposed to many toxic substances, including creosote that was coated on rail ties. The lawsuit asserts that the railroad company treated rail ties using the "soaking-wet" method, which left employees covered in chemicals from head to foot.
Wrongful Death
Railroad employees are exposed various toxic chemicals and cancer-causing chemicals on the job. Unfortunately some of these exposures cause premature deaths for workers and their loved ones. If a person dies prematurely because of the negligence of an railroad, it may be possible to bring a lawsuit against them for wrongful deaths. A knowledgeable Pennsylvania railroad injury attorney could investigate the circumstances of the death of a loved one and determine if you may be entitled to compensation.
Damick argued during closing arguments that Brown did not know that creosote could cause AML, and that CNW had known about the toxicity for years. Damick also noted that the CNW was required to provide protective clothing beginning in 1986, but it did not do so until it was bought by Union Pacific in 1996.
In cases where the FRA asserts willful misconduct, the railroad can be cited and penalized however, it is not able to be compensated for the penalty by its parent company, or by another institution such as an union. Congress intended that penalties are a deterrent to individual behavior that would be diminished, if not eliminated, through the possibility of being compensated for by a railroad or its affiliates. If cancer lawsuit or railroad refuses to pay a fine, the FRA through the Attorney General can sue the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens throughout the day. These carcinogens can cause a variety of chronic illnesses and cancers including mesothelioma and lung cancer. If someone has been diagnosed with any of these ailments and believes that their condition is due to exposure at work, they should speak with an experienced lawyer for railroad cancer.
In a recent instance, an Illinois jury gave $50,000 to the family of a railroad employee who passed away from mesothelioma. The plaintiff worked between 1976 until 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad tie in the course of his work as a maintenance worker. The jury concluded that his death was caused by the long-term exposure to these chemicals as well as other hazardous materials on the railroad.
While this is a small verdict but it highlights the potential for huge damages in a FELA lawsuit. In cases like this railroads are accountable for medical costs along with lost wages and other damages. A lawyer for railroads with experience can assist victims get the compensation they are entitled to.