How to File a Railroad Lawsuit
Railroad workers who contract an illness or disease related to occupational exposure may be entitled to compensation. Contacting an FELA attorney can help.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents when working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is a law that allows railroad employees and their families to sue their employers when they get hurt on the job. Unlike workers' comp statutes which provide financial aid regardless of how an injury was caused, FELA requires injured railroad employees to prove that their employer's negligence caused their injuries.
The FELA also defines a variety of damages an injured worker can be awarded. These include medical expenses along with lost wages, suffering and pain. Additionally, if a victim suffers a brain injury, he/she she may be entitled to permanent and total disability benefits as well as loss of future earnings and companionship.
In Bladder cancer lawsuit to a traumatic brain injury, FELA claims can also be filed for a variety of other conditions and diseases caused by exposure to toxic substances at work. Many former railroad workers, like engineers, conductors, switchmen, carmen or machinists, are suffering from cancers, including mesothelioma. The former railroad workers have been exposed to asbestos, diesel fumes, silica dust, chemical solvents, and weed killers during their careers.
Having an experienced attorney by your side will help you get through your FELA claim. Your attorney must be aware of FELA, as well as other laws that pertain to your situation. These include the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace disease is a sickness or injury that happens as consequence of one's work. Many occupational diseases develop slowly over time, in contrast to traumatizing injuries like those sustained from workplace accidents or car accidents. and falls. This is because of continuous exposure to harmful chemicals that are a part of the routine of work.
Many railroad workers are exposed variety of hazardous chemicals working. They are often suffering from chronic illnesses and serious illnesses as a result. Certain conditions could be life-threatening, and require ongoing treatment. Fortunately there are compensations available for railroad workers who have been injured.
One of the most prevalent diseases is cancer. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene, which is a noxious substance that can cause blood cancers and other illnesses. It is found in gasoline, some types of wood preservatives and certain types of tar.
A 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 to numerous toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad company treated rail ties using a "soaking-wet" method, which exposed employees to chemicals from head to toe.
Wrongful Death
While on the job railroad workers are exposed various cancer-causing chemicals. Unfortunately certain exposures lead to premature deaths for workers and their loved ones. If a person's untimely death is the result of negligence by a railroad company or omission, it's possible to bring a lawsuit for wrongful death. A Pennsylvania railroad injury lawyer will investigate the circumstances that led to the death of your loved one and determine if you're entitled to compensation.
During closing cancer lawsuit , Damick asserted 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. Damick also pointed out that the CNW had to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.
If the FRA declares willful that the railroad has committed, it can be cited and penalized and not be compensated for the penalty by its parent company or another institution, such as a labor organization. Congress believed that penalties should are a deterrent to individuals' behavior, which would be reduced, if not eliminated, because of the possibility of being compensated for by a railroad or its affiliates. If a railroad refuses to pay any fine, the FRA, through the Attorney-General is able to pursue the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens each day. These toxic substances can trigger a range of cancers and chronic illnesses, including mesothelioma and lung cancer. If a worker has been diagnosed with one of these diseases and suspects their condition is due to exposure at work, they should consult an experienced lawyer for railroad cancer.
In a recent trial, an Illinois jury gave $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 to 2008. He was exposed to creosote coated railroad ties as part of his duties as a maintenance worker. The jury concluded that his death was caused by a long-term exposure to these chemicals, as well as other hazardous materials on the railroad.
This decision, although small, shows the potential for significant damages in a FELA lawsuit. Railroads are accountable for medical expenses as well as lost income and other damages that employees suffer in such cases. A lawyer for railroads with experience could help victims receive the justice they deserve.