How to File a Railroad Lawsuit
Railroad workers who develop a disease or illness related to exposure to the workplace may be entitled to compensation. A FELA lawyer could assist.
Plaintiffs claim that they were exposed to degreasing chemicals and creosote, the 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 an act that permits railroad employees and their families to sue their employers if they get injured while working. Unlike workers' compensation statutes which provide financial compensation regardless of the manner in which an injury caused, FELA is a fault-based law which requires railroad employees injured to prove that their employer's negligence played the role in their injuries.
The FELA also provides different types of damages that an injured worker may be entitled to. Medical expenses, lost wages and discomfort and pain are all covered. In addition, if a victim suffers a traumatic brain injury, he/she she may be entitled to permanent and total disability benefits, in addition to 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 cancer lawsuit , many former railroad workers who were conductors, engineers, 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 chemical solvents chemical solvents and weed killers.
Having an experienced attorney by your side can help effectively navigate your FELA claim. In order to succeed in your case your attorney needs to know the ins & outs of FELA as well as other relevant laws, such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace disease is a condition or injury that occurs as a result if one's occupation. As opposed to injuries that are traumatizing such as those incurred in car accidents or workplace falls, many occupational illnesses are developed gradually over time. This is due to continual exposure to harmful chemicals that are a part of one's daily work routine.
Many railroad workers are exposed to a broad range of dangerous chemicals working. Because of this, they are frequently suffering from serious illness and chronic health problems. Certain conditions could be life-threatening and require ongoing treatment. There are compensations for railroad workers who have been injured.
Cancer is among the most frequently diagnosed diseases. cancer lawsuit have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene which is a noxious substance that can cause blood cancers as well as other illnesses. It is found in gasoline as well as certain wood preservatives and a variety of tar.
A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 yrs developed lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed a variety of dangerous substances, including creosote-coated rail ties. The lawsuit alleges that the railroad company treated rail ties using the "soaking-wet" method that exposed employees to chemicals from head to foot.
cancer lawsuits are exposed a variety of cancer-causing chemicals and toxins while on their job. Sadly certain exposures can cause premature death for employees and their families. If someone dies prematurely because of the negligence of an railroad, it may be possible to sue them for wrongful deaths. A Pennsylvania railroad injury lawyer can look into the circumstances leading to the death of a loved one and determine if you're entitled to compensation.
In closing arguments, Damick argued that Brown did not know that creosote could cause AML and that the CNW knew about the toxicity of this substance for years. Damick also pointed out that the CNW was required to provide protective clothing beginning in 1986, but it didn't until Union Pacific bought it in 1996.
In the event that FRA asserts that the railroad acted in a willful manner and obnoxious, 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 wanted penalties to have a deterrent effect on individual behavior, and that it would be lessened, if not eliminated, through the possibility of being paid for by a railroad or its affiliates. If an individual or railroad does not accept a settlement of penalties then the FRA will through the Attorney General bring suit in the appropriate United States district court.
Damages
Rail workers are exposed to carcinogens all day. These toxic substances can trigger a range of chronic illnesses and cancers, including mesothelioma and lung cancer. If a railroad employee is diagnosed with any of these ailments, and suspects that their condition could be the result of exposure to carcinogens on the job and they want to consult a railroad cancer attorney.
In a recent trial, an Illinois jury awarded $50,000 to the family of a railroad employee who passed away from mesothelioma. The plaintiff worked from 1976 and 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance worker the plaintiff was exposed to creosote coated railroad ties. The jury concluded that his death was the result of his long-term exposure to these chemicals as well as other dangerous materials on the railroad.
The verdict, though small it demonstrates the possibility of substantial damages in a FELA suit. In these cases railroads are accountable for medical costs, lost wages and other damages. A knowledgeable lawyer for railroad cancer could assist victims to obtain the amount of compensation they're entitled to.