How to File a Railroad Lawsuit
Compensation may be available to railroad workers who develop a disease due to their job. Contacting an FELA attorney can assist.
Plaintiffs claim they were exposed to degreasing agents as well as creosote, a generic name for coal tar working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is a law that allows railroad workers and their families to sue their employers when they are injured while working. In contrast to workers' compensation laws that provide financial compensation regardless of the manner in which an injury caused, FELA is a fault-based law which requires railroad employees injured to prove that their employer's negligence was an important role in their injuries.
The FELA also sets out several different types of damages an injured worker can receive. These include medical costs, lost wages and suffering and pain. Additionally, if railroad controls limited lawsuit suffers a traumatic brain injury, he or she may be entitled to permanent and total disability benefits and also loss of future earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other ailments and diseases which result from exposure to toxic substances at work. For example, many former railroad workers who were conductors, engineers carmen, switchmen office workers, and machinists suffer from different kinds of cancers, including mesothelioma. These former railroad employees were exposed to diesel fumes, asbestos, silica dust, chemical solvents, and herbicides throughout their careers.
A knowledgeable attorney on your side can assist you to in navigating your FELA claim. In order to be successful your attorney needs to be familiar with the ins and outs of FELA and other relevant laws like Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational illness is a condition or injury that develops as a result of one's work. Many occupational diseases develop slowly over time, in contrast to the traumatic injuries caused by workplace accidents or car accidents. and falls. This is due to the constant exposure to toxic chemicals as a part of the daily routine.
Many railroad workers are exposed at work to a wide range of hazardous chemicals. As a result, they are often suffering from serious illnesses and chronic health issues. Some of these conditions can be life-threatening and require continuous treatment. There are compensations available to railroad workers who have been injured.
One of the most frequent illnesses is cancer. Numerous studies have found a link between cancer among railroad workers with exposure to diesel fumes, and other chemical dangers. These chemicals include benzene that is a toxic compound and can cause blood cancers. It is found in gasoline, some kinds of wood preservatives and certain types of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked on the railroad for more than 30 years developed lung cancer as a result of exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad used the "soaking wet" method of treating rail ties. This left employees completely covered with the chemicals.
Wrongful Death
Railroad workers are exposed a variety of cancer-causing chemicals and toxins on their job. Unfortunately, a few of these exposures lead to premature deaths among workers and their families. If a person dies prematurely due to the negligence of the railroad, it could be possible to bring a lawsuit against them for wrongful deaths. An experienced Pennsylvania railroad injury attorney could analyze the circumstances surrounding your loved one's death and determine whether you may be legally entitled to compensation.
Damick in his closing arguments argued that Brown did not realize that creosote may cause AML, and that CNW had been aware of the dangers for a long time. Damick also pointed out that the CNW had to provide protective clothing starting in 1986, but didn't until Union Pacific bought it in 1996.
If the FRA alleges willfulness, the railroad can be cited and penalized but it cannot be compensated for that penalty by its parent company or any other institution such as a labor organization. Congress wanted penalties to have a deterrent effect on individual behavior, and that it would be lessened, if not eliminated, by the possibility of being paid for by the railroad or its affiliates. If an individual or railroad does not agree to settle a penalty and the FRA will, through the Attorney General file a lawsuit in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a daily basis, and these toxic substances can trigger a variety of cancer and chronic diseases like mesothelioma, lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If a railroad employee is diagnosed with any of these diseases, and suspects that their condition could be the result of exposure while on the job, they should consult a railroad cancer attorney.
In a recent Illinois case in which a jury awarded $50,000 to a railway worker's family who died of mesothelioma. The plaintiff worked from 1976 and 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance employee, the plaintiff was exposed to creosote coated railroad ties. The jury found that his death was the result of his long-term exposure to these chemicals as well as other hazardous substances on the railroad.
This decision, although small, shows the potential for substantial damages in a FELA suit. In cases like this railroads are accountable for medical expenses along with lost wages and other damages. A knowledgeable lawyer for railroad cancer could help victims pursue the amount of compensation they're entitled to.