How to File a Railroad Lawsuit
Compensation may be available to railroad workers who contract a bacterial disease because of their work. A FELA lawyer could help.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) as well as degreasing and cleaning solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers' Liability Act (FELA) is which is a law, permits railroad employees to sue their employers if they suffer injuries during the course of their work. Unlike workers' comp statutes which provide financial aid regardless of how the injury is caused, FELA requires injured railroad employees to prove that their employer's negligent actions contributed to their injuries.
The FELA also outlines a variety of damages a worker injured could be entitled to. These include medical costs, lost wages and suffering and pain. If the victim suffers head injuries that are traumatic They may also be entitled to benefits for permanent disability and total disability and future earnings and loss of companionship.
In addition to a traumatic brain injury, FELA claims can also be filed for a range of other conditions and diseases that are caused by toxic exposures at work. Many former railroad workers, for example those who were engineers, conductors, switchmen or machinists suffer from cancers including mesothelioma. The former railroad workers were exposed to asbestos, diesel fumes silica dust and chemical solvents and weed killers during their careers.
An experienced attorney at your side can help successfully navigate your FELA claim. Your lawyer must be well-versed in FELA, as well as other laws that apply to your particular case. These include the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
An occupational illness is an injury or illness that is the result of one's job. In cancer lawsuit to injuries that are traumatic like those sustained in workplace accidents or car falls, many occupational diseases develop slowly over time. This is because of the constant exposure to toxic chemicals as a part of the daily routine.
Many railroad workers are exposed range of dangerous chemicals while working. They are often suffering from chronic illness and serious illnesses because of it. Certain conditions may be life-threatening, and require continuous treatment. There are compensations available to railroad workers who have been injured.
Cancer is one of the most frequent diseases. Numerous studies have connected cancer in railroad workers with exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene which is a poisonous substance that can cause blood cancers as well as other diseases. It is found in gasoline, some kinds of wood preservatives and certain types of tar.
A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked on the railroad for more than 30 years developed lung cancer due to exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed to a variety of toxic substances, including creosote that was coated on rail ties. The lawsuit alleges that the railroad company treated rail ties using a "soaking-wet" method that exposed employees to chemicals from head to toe.
Wrongful Death
Railroad employees are exposed to various cancer-causing chemicals and toxins while on their job. Unfortunately certain exposures result in premature death for employees and their families. If a person is killed prematurely due to the negligence of an railroad, it may be possible to pursue them for wrongful death. A knowledgeable Pennsylvania railroad injury lawyer could investigate the circumstances of the death of a loved one and determine whether you may be entitled to compensation.
In closing arguments, Damick asserted that Brown was unaware that creosote may cause AML and that the CNW knew about the dangers of this substance for a long time. Damick also argued that the CNW was required to provide protective clothing starting in 1986, but it did not provide protective clothing until it was acquired by Union Pacific in 1996.
In cases where the FRA claims willful conduct and the railroad is punished and cited, but cannot be indemnified for the penalty by its parent company or an institution such as an organization for labor. Congress intended that penalties be deterrent to individual behavior, which would be reduced or eliminated if a railroad or its affiliates, were to pay for them. In the event that an individual or railroad does not accept a settlement of any penalty then the FRA will, through the Attorney General sue in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a daily basis and these harmful substances can trigger a variety of cancer and chronic illnesses like mesothelioma, lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If a worker has been diagnosed with one of these illnesses and suspects that the condition is due to exposure at work, they should consult an experienced lawyer for railroad cancer.
In a recent Illinois case in which a jury awarded $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff was employed between 1976 until 2008 for Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance worker, he was exposed to creosote-coated railroad tie. The jury found that his death was caused by his prolonged exposure to these chemicals as well as other hazardous materials on the railroad.
While the verdict isn't huge, it demonstrates the potential for substantial damages in a FELA lawsuit. Railroads are liable for the medical expenses as well as lost income and other losses suffered by their employees in situations like this. A lawyer for railroads with experience could help victims receive the justice they deserve.