How to File a Railroad Lawsuit
Compensation may be available for railroad employees who contract a disease due to their work. A FELA lawyer may assist.
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 permits railroad employees and their families to sue their employers if they get hurt on the job. Unlike workers' compensation statutes 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 their employer's negligence played the role in their injuries.
The FELA also provides different types of damages that an injured worker can receive. Medical expenses, lost wages and pain and discomfort are all included. Additionally, if a 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 limited to brain injuries that are traumatic. They may also be filed in the event of various other illnesses and conditions caused by exposure to toxic substances. Many former railroad workers, including engineers, conductors or switchmen, carmen or machinists, are suffering from cancers such as mesothelioma. These former railroad employees were exposed to diesel fumes, asbestos, silica dust chemical solvents chemical solvents, and weed killers.
A knowledgeable attorney on your side can help effectively navigate your FELA claim. Your attorney will have to be familiar with FELA, as well as other laws that relate to your case. This includes the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Work-related Diseases
A workplace-related illness is a disease or injury that is a an outcome of a person's job. Unlike traumatic injuries such as those incurred in car accidents or workplace falls, many occupational ailments progress slowly over time. This is due to the constant exposure to toxic chemicals as part of the routine at work.
Many railroad employees are exposed to a wide range of hazardous chemicals. They often suffer from chronic illnesses and serious health issues as a result. Some of these conditions can be life-threatening and require ongoing treatment. There are compensations available for railroad employees who have been injured.
One of the most common diseases is cancer. Numerous studies have connected cancer in railroad workers exposed to diesel fumes, and other chemical dangers. These chemicals include benzene which is a noxious substance that can cause blood cancers and other illnesses. cancer lawsuits is found in gasoline, various kinds of wood preservatives and 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 when working for the railroad. The employee was exposed to a variety of toxic substances, including creosote that was coated on rail ties. The lawsuit asserts that the railroad company treated rail ties with a "soaking-wet" method that caused employees to be covered in chemicals from head to foot.
Wrongful Death
Railroad employees are exposed to various toxic chemicals and cancer-causing chemicals on their job. Unfortunately, some of these exposures result in premature death for employees and their loved ones. If a person is killed prematurely due to the negligence of a railroad, it may be possible to sue them for wrongful deaths. A Pennsylvania railroad injury lawyer could analyze the circumstances that led to the death of your loved one and determine whether you are entitled to compensation.
In closing arguments, Damick claimed that Brown was unaware that creosote could cause AML and that the CNW was aware of the toxicity of this substance for many years. 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.
In cases where FRA asserts that the railroad acted in a willful manner and obnoxious, it may be penalized, cited or fined, but its parent company, or another institution, like the union, cannot pay the railroad for the penalty. Congress intended for penalties to be deterrent to the conduct of individuals, which could be reduced or eliminated if the railroad, or its affiliates, paid for them. In the event that an railroad or individual doesn't accept a settlement of an amount of penalty or other fine, 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 harmful substances can trigger a range of diseases and cancers, including mesothelioma and lung cancer. If a railway worker is diagnosed with any of these diseases, and suspects their condition may be due to exposure while working and is unsure, they should speak with an attorney who specializes in railroad cancer.
In a recent Illinois case in which a jury handed out $50,000 to a railroad worker's family who died of mesothelioma. The plaintiff was employed between 1976 until 2008 for Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroadties as part of his job as a maintenance-of-way employee. The jury ruled that his death was caused by the long-term exposure to these chemicals, as well as other dangerous materials found on the railroad.
This decision, although small it demonstrates the possibility of substantial damages in the event of a FELA lawsuit. In these cases, railroads are responsible for medical costs along with lost wages and other damages. A railroad cancer lawyer with experience can assist victims receive the compensation they deserve.