How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease related 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) as well as degreasing and cleaning solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA), which is a law, permits railroad workers to sue their employers if they suffer injuries on the job. As opposed to cancer lawsuit that provide financial compensation regardless of how an injury is caused, FELA requires injured railroad employees to prove that their employer's negligence caused their injuries.
The FELA also specifies several types of damages that an injured worker can be awarded. These include medical expenses loss of wages, 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 and future loss of earnings and companionship.
FELA claims are not limited to brain injuries caused by trauma. They may also be filed in the case of various other conditions and illnesses caused by toxic exposures. For instance, a large number of former railroad workers who worked as conductors, engineers carmen, switchmen, office staff and machinists are currently suffering from various forms of cancer, including mesothelioma. These former railroad employees have been exposed to asbestos, diesel fumes, silica dust, chemical solvents, and the use of weed killers throughout their careers.
A FELA lawyer with experience can assist you in navigating your claim successfully. In order to win your case, your attorney will need 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 is a the result of one's job. Many occupational diseases develop slowly over time, in contrast to traumatizing injuries like those that result from workplace accidents or car accidents. and falls. This is because of the constant exposure to toxic chemicals as a part of a daily work routine.
Many railroad workers are exposed to a diverse range of dangerous chemicals while working. In the end, they are often suffering from serious illness and chronic health issues. Some of these conditions can be life-threatening, and require ongoing care. Fortunately there are compensations available to railroad workers who are injured.
One of the most frequent ailments is cancer. Numerous studies have linked cancer in railroad workers due to exposure to diesel fumes, and other chemical dangers. These chemicals include benzene, which is a noxious substance that can cause blood cancers as well as other diseases. It is found in gasoline, a few types of wood preservatives and certain types of tar.
union pacific railroad lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years was diagnosed with lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed hazardous substances, including creosote-coated rail ties. union pacific railroad lawsuit claims that the railroad used an "soaking wet" method of treating rail ties. This left employees completely covered with the chemicals.
Wrongful Death
While on the job, railroad employees are exposed many cancer-causing chemicals. Unfortunately, some of these exposures can cause premature death among workers and their families. If a person dies early due to the negligence of the railroad, it might be possible to sue them for wrongful deaths. A Pennsylvania railroad injury lawyer could analyze the circumstances that led to the untimely death of your loved ones and determine if you're entitled to compensation.
In the closing argument, Damick claimed that Brown was not aware that creosote can cause AML and that the CNW was aware of the dangers of this substance for a long time. He also noted that the CNW had to provide protective clothing beginning in 1986, but it didn't until Union Pacific bought it in 1996.
In the event that the FRA asserts willful misconduct that the railroad has committed, it can be cited and penalized however, it is not able to be compensated for that penalty by its parent company, or by another institution like an organization for workers. Congress intended that penalties could have a deterrent effect on individual behavior, and that it would be lessened, if not removed, by the possibility of being compensated for by the railroad or its affiliates. If a railroad or individual refuses to settle an amount due to a fine, then the FRA through the Attorney General will sue the appropriate United States District Court.
Damages
Railroad workers are exposed to carcinogens on a regular basis, and these toxic substances can cause a variety of cancer and chronic diseases like mesothelioma, lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If a worker has been diagnosed with one of these diseases and suspects that their condition is the result of exposure at workplace, they should talk to an experienced attorney for railroad cancer.
In a recent Illinois case, a jury gave $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 and 2008. As a maintenance worker he was exposed to creosote laced railroad ties. The jury determined that his wrongful death was the result of his long-term exposure to these chemicals as well as other hazardous materials found on the railroad.
The decision, while not huge, shows the potential for substantial damages in the event of a FELA lawsuit. Railroads are responsible for medical expenses in addition to lost income, and other losses suffered by their employees in cases such as this. An experienced railroad cancer lawyer could help victims pursue the amount of compensation they're entitled to.