How to File a Railroad Lawsuit
Compensation may be available to railroad employees who contract a disease due to their job. A FELA lawyer may help.
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 an act that permits railroad employees and their families to file lawsuits against their employers if they get hurt on the job. Contrary to the workers' compensation laws which offer financial compensation regardless of the way in which an injury was caused, FELA requires injured railroad employees to prove that their employer's negligent actions caused their injuries.
The FELA also provides a variety of damages that an injured worker could be entitled to. Medical expenses, lost wages and discomfort and pain are all covered. If the victim suffers head injuries that are traumatic They may also be eligible for benefits for permanent disability and total disability, as well as future earnings and loss of companionship.
In addition to a traumatic brain injury, FELA claims can also be filed for a variety of other conditions and diseases which result from exposure to toxic substances at work. Many former railroad workers, such as those who were engineers, conductors or switchmen, carmen or machinists, suffer from cancers such as mesothelioma. These former railroad employees were exposed to asbestos, diesel fumes silica dust and chemical solvents, and chemical weed killers during their time in the industry.
cancer lawsuits with experience will assist you in navigating your claim with ease. Your attorney must be familiar with FELA and other laws that pertain to your situation. This includes the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
A workplace illness is a condition or injury that occurs as an outcome of a person's job. In contrast to injuries that are traumatic such as those incurred in car accidents or workplace falls, many occupational diseases develop gradually over time. This is due to continual exposure to harmful chemicals that are a part of the daily routine at work.
Many railroad workers are exposed at work to a variety of hazardous chemicals. Bladder cancer lawsuit are often suffering from chronic illnesses and serious health issues as a result. Leukemia lawsuit of these conditions can be life-threatening and require continual treatment. Fortunately, there are compensations available for railroad workers who have been injured.
Cancer is among the most common diseases. Numerous studies have connected cancer in railroad workers due to exposure to diesel fumes, as well as other chemical hazards. These chemicals include benzene, which is a poisonous substance that can cause blood cancers as well as other illnesses. It can be found in gasoline as well as certain wood preservatives and a few types of tar.
A 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 toxic chemicals while working for the railroad. The employee was exposed to a number of hazardous chemicals, including creosote that was coated on rail ties. The lawsuit alleges that the railroad used a "soaking wet" method of treating rail ties. This resulted in employees completely covered in the toxic chemicals.
Wrongful Death
While on the job railroad workers are exposed to many cancer-causing chemicals. Unfortunately, a few of these exposures lead to premature death among workers and their families. If a person dies prematurely because of the negligence of the railroad, it could be possible to bring a lawsuit against them for wrongful deaths. An experienced Pennsylvania railroad injury lawyer can investigate the circumstances of the death of a loved one and determine if you may be eligible for compensation.
In closing arguments Damick stated that Brown did not know that creosote is a cause of AML and that the CNW knew about the toxicity of this substance for many years. He also pointed out that the CNW was required to provide protective clothing in 1986, but did not do so until it was bought by Union Pacific in 1996.
In the event that FRA claims that the railroad was guilty or wilful, it could be penalized, cited or fined but its parent company, or any other institution, like a union, cannot reimburse the railroad for the penalty. Congress intended for penalties to have a deterrent effect on individual behavior. These penalties would be lessened or removed if a railroad or its affiliates, paid for them. If a railroad or an individual refuses to settle an amount of money, the FRA through the Attorney General can take action against the appropriate United States District Court.
Damages
Railroad workers are exposed to carcinogens on a daily basis and these toxic substances can cause many different types of cancer and chronic diseases including mesothelioma lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If someone has been diagnosed with one of these illnesses and suspects their condition is the result of exposure at work, they should speak with an experienced lawyer for railroad-related cancer.
In a recent Illinois case, a jury awarded $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 until 2008. He was exposed to creosote-coated railroad tie in the course of his work as a maintenance-of way worker. The jury found that his death was caused by long-term exposure to these chemicals, as well as other dangerous materials on the railroad.
While the verdict isn't huge but it highlights the potential for substantial damages in the event of a FELA lawsuit. In these cases railroads are accountable for medical expenses along with lost wages and other damages. A skilled lawyer for railroads can assist victims in obtaining the justice they deserve.