How to File a Railroad Lawsuit
Railroad workers who develop a disease or illness related to their work can be eligible for compensation. A FELA lawyer can assist.
Leukemia lawsuit claim they were exposed to degreasing agents and creosote, the generic term for coal tar, while working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
cancer lawsuit (FELA) is a law that allows railroad employees and their families to sue their employers if they are injured on the job. In contrast to workers' compensation laws that provide financial benefits regardless of how an injury was caused, FELA is a fault-based law which requires railroad employees injured to show that negligence on the part of their employer played an important role in their injuries.
The FELA also defines a variety of damages an injured worker can receive. Medical expenses, lost wages and pain and discomfort are all included. Additionally, if a victim suffers a traumatic brain injury, he/she could be entitled to permanent and total disability benefits along with loss of future earnings and loss of companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other diseases and conditions that are caused by toxic exposures at work. For instance, a large number of former railroad workers who worked as engineers, conductors, switchmen, carmen, office workers and machinists are currently suffering from various forms of cancer, including mesothelioma. The former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents, weed killers and chemical solvents.
An experienced lawyer on your side can help you in navigating your FELA claim. Your attorney should be knowledgeable about FELA and other laws that apply to your case. This includes the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
An occupational illness is an injury or illness which develops as a consequence of one's work. In contrast to injuries that are traumatic such as those incurred in workplace accidents or car falls, many occupational illnesses develop gradually over time. This is due to the constant exposure to toxic chemicals as a part of the routine at work.
Many railroad workers are exposed at work to a myriad of dangerous chemicals. As a result, they often suffer from serious illness and chronic health issues. Some of these conditions may be life-threatening, and require ongoing treatment. Fortunately there are compensation options available for railroad workers who have been injured.
Cancer is among the most common diseases. Numerous studies have been conducted on railroad workers who have cancer. with exposure to diesel fumes, as well as other chemical dangers. These chemicals include benzene which is a noxious substance that can cause blood cancers as well as other diseases. It is present in gasoline, some kinds of wood preservatives as well as certain kinds of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked on the railroad for over 30 years developed lung cancer as a result of exposure to diesel exhaust and other toxic chemicals while working for the railroad. The worker was exposed to many toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad used the "soaking wet" method of treating rail ties. This left employees completely covered in the toxic chemicals.
Wrongful Death
On the job, railroad employees are exposed various cancer-causing chemicals. Sadly certain exposures cause premature deaths for employees and their loved ones. If the death of a person is due to the negligence of a railroad company or omission, it's possible to bring a lawsuit for wrongful death. A Pennsylvania railroad injury lawyer can investigate the circumstances that led to the untimely death of your loved ones and determine if you're entitled to compensation.
In closing arguments, Damick stated that Brown was not aware that creosote can cause AML and that the CNW was aware of the toxicity of this substance for a long time. Damick also pointed out that the CNW was required to provide protective clothing starting in 1986, but it didn't until Union Pacific bought it in 1996.
If Bladder cancer lawsuit declares willful and the railroad is penalized and cited and not be compensated for the penalty by its parent company or any other institution like a labor organization. Congress intended that penalties have a deterrent impact on individuals' behavior, and they would be reduced or removed if a railroad or its affiliates, were to pay for the penalties. If a railroad or an individual refuses to pay a fine, the FRA through the Attorney-General will bring suit against the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens throughout the day. These harmful substances can trigger a variety of chronic illnesses and cancers, including lung cancer and mesothelioma. If someone is diagnosed with any of these ailments and suspects their health issue is related to exposure at workplace, they should talk to an experienced lawyer for railroad-related cancer.
In a recent trial, an Illinois jury gave $50,000 to the family of a railroad worker who died from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 between 1976 and 2008. He was exposed to creosote-coated railroad tie in the course of his job as a maintenance-of way worker. The jury ruled that his death was caused by long-term exposure to these chemicals as well as other dangerous materials found on the railroad.
While this is a small verdict, it demonstrates the possibility of substantial damages in the event of a FELA lawsuit. Railroads are responsible for medical expenses along with lost income and other losses suffered by their employees in cases like this. An experienced railroad cancer lawyer can assist victims in obtaining the compensation they are entitled to.