How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease due to exposure to work may be entitled to compensation. A FELA lawyer may be of assistance.
Plaintiffs claim they were exposed to degreasing chemicals and creosote which is the generic name for coal tar, when working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is the law that allows railroad employees to sue their employers if they suffer injuries during the course of their work. Unlike workers' comp statutes, which provide financial benefits regardless of how an injury is caused, FELA requires injured railroad employees prove that their employer's negligent actions caused their injuries.
The FELA also provides different types of damages that workers injured in an accident can claim. These include medical costs along with lost wages, pain and suffering. If the victim is suffering from a traumatic head injury they could also be entitled to permanent disability benefits and total disability, as well as future earnings and loss of companionship.
FELA claims aren't limited to brain injuries caused by trauma. They can also be made in the event of various other ailments and diseases caused by exposure to toxic chemicals. For instance, many former railroad workers who worked as engineers, conductors and switchmen, carmen office staff and machinists are currently suffering from various kinds of cancers, including mesothelioma. railroad class action lawsuit have been exposed to asbestos, diesel fumes silica dust and chemical solvents, and herbicides throughout their careers.
Having an experienced attorney by your side can help effectively navigate your FELA claim. To succeed in your case your lawyer needs to know the ins & outs of FELA as well as other relevant laws such as Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
An occupational disease is an injury or illness that develops as a result of one's work. Many occupational diseases develop slowly over time, in contrast to the traumatic injuries sustained from workplace accidents or car accidents. and falls. This is because of continuous exposure to harmful chemicals that are part of a person's work routine.
Many railroad workers are exposed to a wide range of hazardous chemicals working. Because of this, they are often suffering from serious illness and chronic health issues. Certain conditions may be life-threatening and require ongoing treatment. There are compensations available for railroad workers who have been injured.
One of the most commonly reported ailments is cancer. Several studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene which is a toxic chemical that can cause blood cancers and other illnesses. It is present in gasoline and some wood preservatives and some 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 developed lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed a number of hazardous substances, such as creosote-coated rail ties. The lawsuit alleges that the railroad used an "soaking wet" method of treating rail ties. This left employees covered from head to toe in the chemical.
Wrongful Death
While working railroad workers are exposed to a wide range of cancer-causing chemicals. Unfortunately, some of these exposures cause premature death among workers and their families. If a person's premature death is due to negligence by a railroad company it is possible to pursue wrongful death claims. A Pennsylvania railroad injury lawyer will look into the circumstances leading to the death of your loved one and determine whether you are entitled to compensation.
In closing arguments, Damick asserted that Brown was not aware that creosote can cause AML and that the CNW knew about the toxicity of this substance for years. Damick also argued that the CNW was required to provide protective clothing in 1986, but did not do so until it was purchased by Union Pacific in 1996.
In the event that the FRA claims willful conduct, the railroad can be penalized and cited, but cannot be indemnified for the penalty by its parent company or any other institution such as an organization for labor. Congress believed that penalties should could have a deterrent effect on individual behavior that would be lessened, if they were not eliminated, through the possibility of being paid for by a railroad or its affiliates. If a railroad or an individual refuses to settle an amount due to a fine, then the FRA through the Attorney General will sue the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens each day. These carcinogens can cause a variety of diseases and cancers, including mesothelioma and lung cancer. If a railroad worker is diagnosed with any of these conditions and suspects that their condition could be the result of exposure to carcinogens on the job and is unsure, they should speak with an attorney for railroad cancer.
In a recent Illinois case, a jury handed out $50,000 to a railroad family member 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. He was exposed to creosote coated railroad ties as part of his duties as a maintenance worker. The jury concluded that his wrongful death was caused by his continuous exposure to these chemicals and other hazardous materials on the railroad.
This decision, although small but it shows the possibility of significant damages in the event of a FELA suit. In these cases railroads are accountable for medical expenses in addition to lost wages, among other damages. An experienced railroad cancer lawyer could assist victims to obtain the justice they deserve.