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 can be of assistance.
Plaintiffs claim they were exposed to degreasing agents as well as creosote, a generic name for coal tar, while working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is a law that allows railroad workers and their families to sue their employers if they are injured on the job. Contrary to the workers' compensation laws which offer financial compensation regardless of the way in which an injury occurs, FELA requires injured railroad employees prove that their employer's negligence contributed to their injuries.
The FELA also defines a variety of compensation that injured workers can receive. These include medical expenses, lost wages and pain and suffering. If the victim suffers from a traumatic head injury or head injury, they may be entitled to benefits for permanent disability and total disability in the future, as well as future earnings and loss of companionship.
FELA claims aren't limited to brain injuries that are traumatic. They can also be claimed in the event of a variety of other illnesses and conditions caused by exposure to toxic chemicals. Many former railroad workers, including those who worked as conductors, engineers, switchmen carmen, machinists or carmen, are now suffering from cancers like mesothelioma. These former railroad employees were exposed to diesel fumes, asbestos silica dust as well as 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. In order to succeed in your case your lawyer needs to be familiar with 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
A occupational illness is a condition or injury that happens as an outcome of a person's job. Many occupational diseases are developed slowly over time, unlike traumatizing injuries, such as those that result from accidents at work or slips and falls. This is due to the constant exposure to toxic chemicals as part of the work routine.
Many railroad workers are exposed to a wide range of dangerous chemicals while at work. As railroad cancer lawsuit , they are frequently suffering from serious illnesses and chronic health problems. Certain of these ailments could be life-threatening, and require ongoing treatment. There are compensations available for railroad workers who have been injured.
Cancer is one of the most frequently diagnosed diseases. Numerous studies have been conducted on railroad workers who have cancer. with exposure to diesel fumes, as well as other chemical dangers. These chemicals include benzene which is a poisonous substance that can cause blood cancers as well as other diseases. It is found in gasoline, certain wood preservatives, and a few types of tar.
A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years, developed lung cancer due to exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a number of hazardous substances, including creosote coating rail ties. The lawsuit alleges that the railroad company employed a "soaking wet" method of treating rail ties. This resulted in employees covered from head to toe with the chemicals.
Wrongful Death
While on the job railroad workers are exposed to a wide range of cancer-causing chemicals. Unfortunately, a few of these exposures result in premature deaths among workers and their families. If a person's untimely death is due to the negligence of a railroad business, it is possible to bring a lawsuit for wrongful death. An experienced Pennsylvania railroad injury lawyer will investigate the circumstances of the death of a loved one and determine if you may be legally entitled to compensation.
Damick made the argument during closing arguments that Brown did not realize that creosote could cause AML, and that CNW had known about the toxicity for years. He also noted that the CNW had to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.
In the event that FRA claims that the railroad committed a willful act, it can be penalized, cited and fined, but its parent company or another institution, like a union, is not able to reimburse the railroad for this penalty. Congress wanted penalties to have a deterrent effect on individual behavior, and that it would be reduced, if not removed, by the possibility of being compensated for by the railroad or its affiliates. If a railroad or individual refuses to pay a fine, the FRA through the Attorney-General can sue the appropriate United States District Court.
Damages
Railroad workers are exposed carcinogens daily and these toxic substances can trigger a variety of cancer and chronic illnesses including mesothelioma, lung cancer, esophageal cancer, and non-Hodgkin's lymphoma. If a worker on the railroad is diagnosed with one of these ailments, and suspects that their condition could be the result of exposure while working, they should consult an attorney who specializes in railroad cancer.
In a recent Illinois case, a jury handed out $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff was employed between 1976 and 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 job as a maintenance-of-way employee. The jury found that his wrongful death was the result of his long-term exposure to these chemicals and other hazardous substances on the railroad.
While this is a small verdict but it highlights the potential for substantial damages in a FELA lawsuit. In such cases, railroads are responsible for medical expenses along with lost wages and other damages. A knowledgeable lawyer for railroad cancer can help victims seek the compensation they are entitled to.