How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease due to their work can be eligible for compensation. A FELA lawyer could help.
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, allows railroad employees to sue their employers when they are injured while on the job. Unlike workers' compensation statutes which provide financial compensation regardless of the manner in which an injury caused, FELA is a fault-based law that requires railroad workers injured to show that their employer's negligence played an impact on their injuries.
The FELA also specifies several types of damages a worker injured could be entitled to. Medical expenses, lost wages and discomfort and pain are all covered. If the victim suffers from trauma to the head they could also be eligible for benefits for permanent disability and total disability as well as future earnings and loss of companionship.
FELA claims are not restricted to brain injuries caused by trauma. They can also be claimed in the event of a variety of other conditions and illnesses caused by toxic exposures. Many former railroad workers, including those who worked as conductors, engineers, switchmen or machinists are now suffering from cancers such as mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, weed killers and chemical solvents.
A FELA lawyer with experience can assist you in navigating your claim with ease. Your attorney will have to be aware of FELA and other laws that are relevant to your case. These include the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Work-related Diseases
An occupational illness is a condition or injury that is the result of one's job. Many occupational diseases are developed slowly over time, unlike traumatic injuries such as those suffered in accidents at work or slips and falls. This is because of continuous exposure to toxic chemicals that are a part of the daily routine at work.
Many railroad workers are exposed to a broad range of dangerous chemicals while at work. They are often suffering from chronic illnesses and serious illnesses as a result. Some of these conditions may be life-threatening and require continual treatment. Fortunately, there are compensations available for injured railroad workers.
One of the most frequent illnesses is cancer. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical hazards. railroad workers cancer lawsuit include benzene, which is a toxic substance that can cause blood cancers as well as other diseases. It is present in gasoline and 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 years was diagnosed with lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed a range of toxic substances, including creosote coated rail ties. The lawsuit asserts that the railroad used a "soaking wet" method of treating rail ties. This resulted in employees completely covered with the chemicals.
Wrongful Death
While on the job, railroad employees are exposed an array of cancer-causing chemicals. Sadly certain exposures can cause premature death for employees and their loved ones. If a person dies early due to the negligence of a railroad, it may be possible to bring a lawsuit against them for wrongful deaths. A Pennsylvania railroad injury lawyer will examine the circumstances surrounding the death of a loved one and determine whether you are entitled to compensation.
In the closing argument, Damick asserted that Brown did not know that creosote is a cause of AML and that the CNW was aware of the dangers of this substance for many years. He also pointed out that the CNW was required to provide protective clothing starting in 1986, but it did not provide protective clothing until it was purchased by Union Pacific in 1996.
In cases where the FRA claims willful conduct that the railroad has committed, it can be cited and penalized and not be compensated for the penalty by its parent company or another institution like an union. Congress was intent on ensuring that penalties have a deterrent effect on individual behavior, and that it would be reduced, if not removed, by the possibility of being compensated for by a railroad or its affiliates. If a railroad refuses to settle an amount of money, the FRA through the Attorney General is able to take action against the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens every day. These carcinogens can trigger a range of chronic illnesses and cancers, including lung cancer and mesothelioma. If an employee is diagnosed with any of these ailments and suspects their condition is the result of exposure at work, they should speak with an experienced lawyer for railroad cancer.
In a recent Illinois case in which a jury gave $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 and 2008. As a maintenance worker he was exposed for a long time to creosote-coated railroad tie. The jury ruled that his death was caused by a long-term exposure to these chemicals and other dangerous materials on the railroad.
While the verdict isn't huge but it does show the potential for substantial damages in a FELA lawsuit. Railroads are accountable for medical expenses, lost income and other losses suffered by their employees in cases such as this. An experienced lawyer for railroad cancer can help victims seek the compensation they deserve.