How to File a Railroad Lawsuit
Railroad workers who contract illnesses or diseases related to their work can be eligible for compensation. A FELA lawyer can assist.
Plaintiffs claim they were exposed to creosote (the generic name for coal tar) and degreasing solvents working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers' Liability Act (FELA) is which is a law, permits railroad employees to sue their employers if they suffer injuries while on the job. In contrast to workers' compensation laws that offer financial compensation irrespective of the manner in which an injury caused, FELA is a fault-based law that requires railroad workers injured to prove that their employer's negligence played the role in their injuries.
cancer lawsuit defines a variety of damages that an injured worker may receive. Medical expenses, lost wages, and pain and discomfort are all covered. Additionally, if a victim suffers a brain injury, he or might be entitled permanent and total disability benefits in addition to loss of future earnings and loss of companionship.
In addition to a brain injury, FELA claims can also be filed for a range of other ailments and diseases that result from toxic exposures at work. For instance, many former railroad workers who worked as conductors, engineers and switchmen, carmen machinists and office staff are now suffering from various forms of cancer, including mesothelioma. Leukemia lawsuit were exposed to diesel fumes, asbestos silica dust chemical solvents, chemical solvents and weed killers.
A knowledgeable attorney on your side will help you successfully navigate your FELA claim. In order to win your case, your attorney will need to be aware of the ins and outs of FELA and other pertinent laws such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace disease is a sickness or injury that occurs as an outcome of a person's job. Many occupational diseases develop slowly over time, in contrast to the traumatic injuries suffered in workplace accidents or car accidents. and falls. This is due to continual exposure to toxic chemicals that are part of the routine of work.
Many railroad workers are exposed at work to a myriad of dangerous chemicals. Because of this, they are often suffering from serious illness and chronic health issues. Some of these conditions can be life-threatening and require continuous treatment. Fortunately there are compensation options available to railroad workers who are injured.
cancer lawsuits is among the most frequently diagnosed illnesses. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene. It is a toxic compound and can cause blood cancers. It can be found in gasoline as well as certain wood preservatives and some types of tar.
A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked on the railroad for over 30 years developed lung cancer due to exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed hazardous substances, including creosote-coated rail ties. The lawsuit alleges that the railroad used an "soaking wet" method of treating rail ties, leaving employees completely covered in the toxic chemicals.
Wrongful Death
Railroad employees are exposed to various toxic chemicals and cancer-causing chemicals on their job. Unfortunately, a few of these exposures lead to premature deaths among the workers and their families. If a person dies prematurely because of the negligence of a railroad, it may be possible to claim compensation for the wrongful death. A Pennsylvania railroad injury lawyer could analyze the circumstances that led to the death of your loved one and determine if you are entitled to compensation.
In closing arguments Damick argued that Brown was unaware that creosote could cause AML and that the CNW knew about the toxicity of this substance for many years. Damick also noted that the CNW was required to provide protective clothing in 1986, but did not provide protective clothing until it was acquired by Union Pacific in 1996.
In cases where FRA asserts that the railroad committed a willful act, it can be cited, penalized and fined however its parent company, or another institution, like a union, is not able to reimburse the railroad for the penalty. Congress was intent on ensuring that penalties have a deterrent effect on individual behavior, which would be lessened or eliminated if a railroad or its affiliates, paid for the penalties. If a railroad refuses to pay a fine, the FRA through the Attorney-General can take action against the appropriate United States District Court.
Damages
Railroad workers are exposed carcinogens on a daily basis and these carcinogens can cause a variety of cancer and chronic diseases like mesothelioma, lung cancer, esophageal cancer, and non-Hodgkin's lymphoma. If someone has been diagnosed with one of these illnesses and suspects that their condition is the result of exposure at work, they should seek advice from an experienced lawyer for railroad-related cancer.
In a recent case, an Illinois jury awarded $50,000 to the family of a railroad worker who died of mesothelioma. The plaintiff worked from 1976 until 2008 for Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance employee, he was exposed for a long time to creosote coated railroad ties. The jury found that his wrongful death was caused by his prolonged exposure to these chemicals as well as other hazardous materials on the railroad.
The decision, while not huge, shows the potential for substantial damages in a FELA suit. In cases like this, railroads are responsible for medical expenses, lost wages and other damages. A railroad cancer lawyer experienced in this field can assist victims receive the amount of compensation they deserve.
