How to File a Railroad Lawsuit
Railroad workers who develop a disease or illness related to exposure to work may be entitled to compensation. Contacting a FELA attorney can help.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is an act of law, permits railroad workers to sue their employers if they are injured while on the job. In contrast to workers' compensation laws that provide financial benefits regardless of the way in which injuries were caused, FELA is a fault-based law that requires injured railroad employees to prove that their employer's negligence was an impact on their injuries.
The FELA also specifies several types of damages a worker injured may receive. Medical expenses, lost wages and discomfort and pain are all included. If the victim is suffering from a traumatic head injury They may also be eligible for benefits for permanent disability and total disability, as well as future loss of earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other diseases and conditions which result from exposure to toxic substances at work. Many former railroad workers, such as those who worked as engineers, conductors or switchmen carmen, machinists or carmen, are currently suffering from cancers like mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos silica dust chemical solvents, chemical solvents, and weed killers.
A FELA attorney with experience will assist you in navigating your claim in a successful manner. In order to be successful in your case, your attorney will need to know the ins & outs of FELA and other pertinent laws such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace illness is a condition or injury that happens as the result of one's job. Many occupational diseases develop slowly over time, in contrast to traumatizing injuries, such as those suffered in accidents in the car or workplace slips and falls. This is due to continuous exposure to toxic chemicals that are part of a person's work routine.
Many railroad workers are exposed range of dangerous chemicals while at work. They often suffer from chronic illness and serious health issues because of it. Certain of these ailments could be life-threatening, and require ongoing treatment. There are compensations available for railroad workers who are injured.
Cancer is among the most frequent illnesses. Several studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene. It is a toxic compound and can cause cancers of the blood. It is found in gasoline as well as certain wood preservatives and a few types 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 due to exposure to diesel exhausts and other toxic chemicals. The employee was exposed to 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, which caused employees to be covered in chemicals from head to foot.
Wrongful Death
Railroad employees are exposed to various cancer-causing chemicals and toxins on their job. Unfortunately certain exposures result in premature death for workers and their families. If a person's premature death is due to the negligence of a railroad company and/or carelessness, they may be able to pursue wrongful death claims. A seasoned Pennsylvania railroad injury lawyer will analyze the circumstances surrounding the death of a loved one and determine if you might be legally entitled to compensation.
During closing railroad lawsuit settlements , Damick argued that Brown did not know that creosote is a cause of AML and that the CNW was aware of the toxicity 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 FRA claims that the railroad acted in a willful manner or wilful, it could be penalized, cited and fined however its parent company or another institution, like an union, are not able to compensate the railroad for the penalty. Congress wanted penalties to could have a deterrent effect on individual behavior that would be diminished, if not eliminated, because of the possibility of being paid for by the railroad or its affiliates. If an railroad or an individual fails to agree to settle any penalty, the FRA will, through the Attorney General, bring suit in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens daily and these toxic substances can cause many different types of cancer and chronic diseases including mesothelioma, lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If a worker is diagnosed with any of these ailments and suspects their condition is the result of exposure at work, they should consult 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 passed away from mesothelioma. The plaintiff worked between 1976 until 2008 for Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance employee, the plaintiff was exposed to creosote laced railroad ties. The jury determined that his death was caused by his prolonged exposure to these chemicals and other hazardous materials found on the railroad.
This verdict, while small but it shows the possibility of substantial damages in the event of a FELA suit. Railroads are liable for the medical expenses, lost income and other losses that employees suffer in cases like this. A lawyer for railroads who has experience can help victims get the compensation they are entitled to.