How to File a Railroad Lawsuit
Compensation may be available to railroad workers who contract a disease due to their job. A FELA lawyer could assist.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA), the law that allows railroad workers to sue their employers when they suffer injuries on the job. Contrary to the workers' compensation laws which provide financial aid no matter how an injury was caused, FELA requires injured railroad employees to prove that their employer's negligent actions contributed to their injuries.
The FELA also provides a variety of damages a worker injured may receive. These include medical costs as well as lost wages, pain and suffering. Additionally, if the victim suffers a brain injury, he or may be entitled to permanent and total disability benefits, and also loss of future earnings and loss of companionship.
FELA claims are not restricted to brain injuries caused by trauma. They are also filed in the case of various other ailments and diseases caused by exposure to toxic chemicals. For instance, a large number of former railroad workers who worked as engineers, conductors and switchmen, carmen office staff and machinists are now suffering from various forms of cancer, such as mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos silica dust and chemical solvents and weed killers during their careers.
A FELA attorney with experience will assist you in navigating your claim to the best of your ability. Your attorney should be aware of FELA, as well as other laws that relate to your case. These include the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
A workplace-related illness is a condition or injury that is a an outcome of a person's job. Many occupational diseases develop slowly over time, unlike the traumatic injuries caused by accidents at work or slips and falls. This is because of continuous exposure to toxic chemicals that are part of the daily routine at work.
Many railroad workers are exposed at work to a variety of hazardous chemicals. Because of cancer lawsuits , they are frequently suffering from serious illness and chronic health issues. cancer lawsuit of these ailments could be life-threatening and require continual treatment. There are compensations for railroad workers who have been injured.
One of the most common ailments is cancer. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene. It is a toxic substance and can cause blood cancers. It is 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 over 30 years, developed lung cancer due to exposure to diesel exhaust and other toxic chemicals while working for the railroad. The employee was exposed a number of hazardous substances, including creosote-coated rail ties. The lawsuit claims that the railroad company employed an "soaking wet" method of treating rail ties. This resulted in employees covered from head to toe in the chemical.
Wrongful Death
On the job railroad workers are exposed to many cancer-causing chemicals. Sadly certain exposures cause premature deaths for workers and their loved ones. If a person's untimely death is due to the negligence of a railroad company, it is possible to pursue wrongful death claims. A Pennsylvania railroad injury lawyer could investigate the circumstances that led to the death of your loved one and determine whether you are entitled to compensation.
In the closing argument, Damick stated that Brown was not aware that creosote is a cause of AML and that the CNW was aware of the toxicity of this substance for a long time. He also highlighted that the CNW was required to provide protective clothing beginning in 1986, but it did not provide protective clothing until it was purchased by Union Pacific in 1996.
In union pacific railroad lawsuit where FRA claims that the railroad committed a willful act and obnoxious, it may be penalized, cited and fined however its parent company, or any other institution, such as the union, cannot pay the railroad for the penalty. Congress intended that penalties could have a deterrent effect on individual behavior, and that it would be reduced, if not eliminated, through the possibility of being paid for by a railroad or its affiliates. If a railroad refuses to settle any fine, the FRA through the Attorney General will pursue the appropriate United States District Court.
Damages
Railroad workers are exposed to carcinogens on a regular basis and these harmful substances can trigger a variety of cancer and chronic illnesses such as mesothelioma and lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If an employee has been diagnosed with one of these illnesses and suspects their illness is caused by exposure at work, they should seek advice from an experienced railroad cancer attorney.
In a recent Illinois case in which a jury awarded $50,000 to a railway family of a worker who passed away from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 to 2008. As a maintenance worker, the plaintiff was exposed to creosote-coated railroad tie. cancer lawsuit concluded that his wrongful death was caused by his continuous exposure to these chemicals and other dangerous materials on the railroad.
While the verdict isn't huge however, it shows the possibility of substantial damages in the event of a FELA lawsuit. In cases like this railroads are accountable for medical costs in addition to lost wages, among other damages. A knowledgeable lawyer for railroad cancer could help victims pursue the compensation they deserve.