How to File a Railroad Lawsuit
Railroad workers who contract an illness or disease due to occupational exposure may be eligible for compensation. A FELA lawyer could help.
Plaintiffs claim that they were exposed to degreasing agents and creosote, the generic term for coal tar, while working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
mesothelioma lawsuit (FELA) is an act of law, permits railroad workers to sue their employers if they suffer injuries at work. In contrast to workers' compensation laws which provide financial compensation regardless of the way in which injuries were caused, FELA is a fault-based law that requires injured railroad employees to show that their employer's negligence was an important role in their injuries.
The FELA also defines different types of damages that an injured worker can receive. This includes medical expenses along with lost wages, suffering and pain. If the victim suffers head injuries that are traumatic, they may also be entitled to permanent disability benefits and total disability as well as future earnings and loss of companionship.
FELA claims aren't restricted to brain injuries that are traumatic. They are also claimed in the event of a variety of other diseases and conditions triggered by toxic exposures. Many former railroad workers, like conductors, engineers, switchmen or machinists are now suffering from cancers including mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos silica dust, chemical solvents and chemical weed killers during their time in the industry.
An experienced attorney at your side will help you effectively navigate your FELA claim. Your lawyer must be well-versed in FELA, as well as other laws that apply to your situation. These include the Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
A workplace-related illness is a disease or injury that occurs as the result of one's job. Contrary to traumatic injuries like those sustained in car accidents or workplace falls, many occupational illnesses develop gradually over time. This is due to the constant exposure to toxic chemicals that are a part of a daily work routine.
Many railroad workers are exposed to a wide range of dangerous chemicals while working. They often suffer from chronic illnesses and serious ailments due to this. Lymphoma lawsuit may be life-threatening, and require continuous treatment. Fortunately there are compensations for railroad workers who have been injured.
Cancer is among the most prevalent illnesses. Several studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene which is a toxic compound and can cause cancers of the blood. It is found in gasoline, a few kinds of wood preservatives, and certain types of tar.
A lawsuit brought 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 claims that the railroad company used the "soaking wet" method of treating rail ties, which left employees covered from head to toe in the chemicals.
Wrongful Death
On the job, railroad employees are exposed a wide range of cancer-causing chemicals. Unfortunately, a few of these exposures lead to premature death among workers and their families. If a person's untimely death is the result of the negligence of a railroad company it is possible to pursue wrongful death claims. A knowledgeable Pennsylvania railroad injury attorney could look into the circumstances that led to your loved one's death and determine if you might be eligible for compensation.
Lymphoma lawsuit in his closing arguments argued that Brown did not know that creosote could cause AML, and that CNW knew about the toxicity for a long time. He also highlighted that the CNW was required to provide protective clothing beginning in 1986, but it did not do so until it was purchased by Union Pacific in 1996.
In Kidney cancer lawsuit that the FRA asserts willful misconduct, the railroad can be penalized and cited, but cannot be indemnified for the penalty by its parent company, or by another institution like a labor organization. Congress intended 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 an individual or 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 every day and these toxic substances can cause various types of cancers and chronic illnesses like mesothelioma, lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a railway worker is diagnosed with any of these ailments, and suspects that their condition could be due to exposure to carcinogens on the job and they want to consult an attorney who specializes in railroad cancer.
In a recent case an Illinois jury gave $50,000 to the family of a railroad worker who died from mesothelioma. The plaintiff worked from 1976 until 2008 for Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad ties as part of his job as a maintenance-of-way worker. The jury found that his death was caused by his prolonged exposure to these chemicals as well as other hazardous substances on the railroad.
This decision, although small it demonstrates the possibility of substantial damages in the event of a FELA suit. In these cases, railroads are responsible for medical costs in addition to lost wages, among other damages. A skilled lawyer for railroads could help victims pursue the amount of compensation they're entitled to.