How to File a Railroad Lawsuit
Many railroad employees are exposed solvents every day. If you developed leukemia after working for an railroad and believe that your exposure to chemicals in your workplace was the reason you could be entitled to compensation.
Contrary to claims for workers' compensation, FELA lawsuits allow plaintiffs to receive unlimited damages. Learn more about FELA claims and how to file your claim.
Benzene Exposure Lawsuits
The chemical Benzene is made of petroleum that is found in gasoline, crude oil and diesel fuel. It is a clear or light yellow liquid that turns into a hazardous vapor when exposed to air. It is used to make chemicals, rubber, and paints. It can also be used as solvents to clean equipment and remove grease from machines. Railroad workers frequently handle or employ these toxic chemicals as part of their job.
union pacific railroad lawsuit exposed to benzene at work are at risk of developing leukemia and cancers. Bladder cancer lawsuit of the symptoms include fatigue and loss of appetite, nausea vomiting hair loss, and an overall feeling of unwellness. Some people may also experience a loss of memory and difficulty in concentrating.
If a worker is diagnosed with one of these illnesses and is diagnosed with one of these illnesses, they can bring a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be eligible for damages, an employee must prove that their job and exposure to a chemical had a significant impact on their health.
Workers who have been exposed to the smears can also file wrongful death lawsuits against their employers. In cancer lawsuits of a wrongful death, damages may be awarded to pay funeral and burial expenses as well as future lost wages, emotional distress and pain and suffering. These damages are calculated in the same way that workers who receive FELA compensation are compensated.
FELA Lawsuits
Railroad companies are notoriously known for exposing their workers to carcinogens like asbestos, diesel exhaust and lead. Unfortunately, this puts many former railroad workers at a greater risk of developing serious occupational illnesses like mesothelioma and lung cancer. These workers have the option to sue in order to obtain compensation for their injuries. The Federal Employers Liability Act (FELA) allows those workers to sue their employers under a different legal framework than traditional workers compensation programs.
In contrast to the statutes for workers' compensation, FELA is a fault-based law that requires workers to prove their negligence by their employer played a part in their injury or illness. If an employee can prove that negligence by a railroad company contributed to their illness or injury the employee is entitled to damages. This includes a claim to pay back lost wages, medical costs as well as discomfort and pain.
Railroad corporations often use aggressive and sophisticated litigation strategies to defend these claims. This can be as simple as the argument that the worker cannot pinpoint an exact instance where toxic substances were ingested and cannot name a manufacturer or component that contained toxic chemicals and toxic substances. A skilled FELA attorney with a specialization in railroad injury cases can defend against these defenses. They can also discover evidence of the negligence of the railroad from multiple sources, including third-parties.
Class Action Lawsuits
A class action lawsuit allows the plaintiff to sue on behalf of others with similar injuries. The Plaintiff who is known as a "class representative," sues a company (in this instance, BNSF Railway Company). The "class" is an entire group of people who have similar claims. In class cases, a single court decides the case for the entire group. This is more efficient than filing many individual lawsuits.
If you are a class member, you may be entitled compensation for medical expenses as well as lost wages, pain and discomfort and loss of enjoyment in life and other damages. Additionally, you could be entitled to damages for wrongful deaths if your loved one died from his or her railroad-related leukemia.
cancer lawsuit are required to provide employees with a healthy and safe work environment. However many railroads do not fulfill this obligation, and workers are exposed to harmful industrial solvents and diesel exhaust while at their job. This often causes cancer and other health issues that can last for a long time.
This Court has formally certified this class and is now moving it towards trial. The Court has not yet decided whether BNSF violated BIPA or what money you might receive, if any. You will be informed in the event that the Court decides. You can determine if you are eligible to claim by examining the documents on this site. These include the Court's order certifying the class, the second Amended Complaint filed by the Plaintiff and BNSF's answer to the Second Amended Complaint.
Lawsuits for Wrongful Death
In the event that someone was killed due to someone else's negligence, the family of the deceased can file a wrongful-death lawsuit. This type of claim seeks to compensate the loss of the deceased's earnings in the form of loss of companionship, love and other personal suffering. The surviving family members are compensated for the losses and expenses they will incur in the future. A wrongful death suit can be brought by the who died's spouse, siblings, children parents, nieces, nephews or anyone who was financially dependent on them at the time of the incident.
In the event of a fatal train accident, a wrongful death lawsuit could claim the railroad company is responsible for the death of a loved-one. An attorney for train accidents can help the victim's family receive the maximum settlement.
An attorney may review the evidence in a wrongful-death suit that involves a train crash, like accident reports or physical evidence. The lawyer can also look at expert witness testimony and other sources to build the strongest possible case.
In a recent wrongful death case, a wife sued BNSF for the death of her husband at a railroad cross in Pontotoc County. The widow claimed that BNSF did not provide adequate warnings. Bladder cancer lawsuit argued that the crossing did not have automatic gates and that the lights that flashed did not provide reliable warnings that a train was approaching. BNSF filed pretrial motions, arguing that federal law preempted the widow's claims. The court denied BNSF's motions.