How to File a Railroad Lawsuit
Railroad workers who contract a disease or illness related to occupational exposure may be eligible for compensation. Contacting a FELA attorney can help.
Plaintiffs claim they were exposed to degreasing chemicals and creosote, a generic name for coal tar 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 permits railroad workers and their families to sue their employers if they get hurt on the job. Unlike workers' compensation statutes that provide financial compensation regardless of how an injury was caused, FELA is a fault-based law that requires injured railroad employees to show that negligence on the part of their employer played an impact on their injuries.
The FELA also defines different types of damages an injured worker could be awarded. Medical expenses, lost wages, and pain and discomfort are all covered. In addition, if a victim suffers a traumatic brain injury, he or she may be entitled to permanent and total disability benefits and also loss of future earnings and companionship.
In addition to a traumatic brain injury, FELA claims can also be filed for a range of other diseases and conditions that are caused by toxic exposures at work. For example, many former railroad workers who were engineers, conductors carmen, switchmen office staff and machinists are now suffering from various forms of cancer, including mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, chemical solvents and weedkillers.
An experienced lawyer on your side will help you in navigating your FELA claim. Your attorney should be aware of FELA, as well as other laws that are relevant to your case. These include the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.
Work-related Diseases
An occupational illness is a condition or injury which develops as a consequence of one's work. In cancer lawsuit to injuries that are traumatic, such as those sustained in car accidents or workplace falls, many occupational diseases develop gradually over time. This is due to continual exposure to harmful chemicals that are part of the daily routine at work.
Many railroad workers are exposed range of dangerous chemicals at work. They are often suffering from chronic illnesses and serious ailments because of it. Certain of these ailments can be life-threatening and require ongoing care. There are compensations for railroad workers who have been injured.
Cancer is one of the most frequent illnesses. Numerous studies have linked cancer in railroad workers by exposure to diesel fumes, as well as other chemical dangers. These chemicals include benzene which is a toxic chemical that can cause blood cancers and other diseases. It is found in gasoline and some wood preservatives and some types of tar.
Bladder cancer lawsuit brought against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years was diagnosed with lung cancer due to exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed to a number of hazardous chemicals, including creosote coated rail ties. The lawsuit claims that the railroad company treated rail ties using the "soaking-wet" method that exposed employees to chemicals from head to toe.
Wrongful Death
While working railroad workers are exposed to various cancer-causing chemicals. Unfortunately certain exposures result in premature death for employees and their families. If a person's death is due to a railroad company's negligence it is possible to sue for wrongful death. A knowledgeable Pennsylvania railroad injury lawyer will investigate the circumstances of the death of a loved one and determine if you might be eligible for compensation.
In closing arguments Damick asserted that Brown did not know that creosote is a cause of AML and that the CNW knew about the toxicity of this chemical for a number of years. Damick also pointed out that the CNW had to provide protective clothing starting in 1986, but it didn't until Union Pacific bought it in 1996.
In cases where FRA asserts that the railroad acted in a willful manner and willful, it may be penalized, cited, and fined however its parent company, or another institution, like a union, cannot reimburse the railroad for this penalty. Congress was intent on ensuring that penalties can be used to deter the conduct of individuals that could be lessened, if they were not eliminated, through the possibility of being compensated for by a railroad or its affiliates. If union pacific railroad lawsuit or railroad refuses to pay any fine, the FRA through the Attorney General is able to take action against the appropriate United States District Court.
Damages
Railroad workers are exposed carcinogens on a regular basis and these toxic substances can cause various types of cancers and chronic illnesses including mesothelioma lung cancer, esophageal cancer, and non-Hodgkin's lymphoma. If cancer lawsuits is diagnosed with any of these ailments, and suspects that the condition may be the result of exposure on the job and is unsure, they should speak with a railroad cancer attorney.
In a recent case, an Illinois jury gave $50,000 to the family of a railroad employee who died from mesothelioma. The plaintiff worked between 1976 until 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroadties in the course of his job as a maintenance-of-way employee. The jury concluded that his wrongful death was caused by his prolonged exposure to these chemicals as well as other dangerous materials on the railroad.
While the verdict isn't huge but it does show the potential for massive damages in a FELA lawsuit. In such cases railroads are accountable for medical costs in addition to lost wages, among other damages. An experienced railroad cancer lawyer can help victims seek the amount of compensation they're entitled to.