How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease related to exposure to the workplace may be eligible for compensation. A FELA lawyer can be of assistance.
Plaintiffs claim they were exposed to creosote (the generic name for coal tar) and degreasing solvents 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 workers to sue their employers when they suffer injuries at work. In contrast to workers' compensation statutes which offer financial compensation regardless of how the injury is caused, FELA requires injured railroad employees to prove that their employer's negligent actions caused their injuries.
The FELA also defines a variety of damages that an injured worker can be awarded. Medical expenses, lost wages, and pain and discomfort are all covered. In addition, if a victim suffers a brain injury, he/she could be entitled to permanent and total disability benefits, and also loss of future earnings and companionship.
FELA claims are not limited to traumatic brain injuries. cancer lawsuit can also be claimed in the event of a variety of other diseases and conditions triggered by toxic exposures. Many former railroad workers, for example those who were conductors, engineers, switchmen, carmen or machinists, are currently suffering from cancers like mesothelioma. The former railroad workers have been exposed to diesel fumes, asbestos silica dust as well as chemical solvents, and weed killers during their careers.
An experienced attorney at your side can help you get through your FELA claim. To win your case your attorney needs to know the ins and outs of FELA as well as other relevant laws such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational disease is a condition or injury which develops as a consequence of one's job. Many occupational diseases are developed slowly over time, in contrast to the traumatic injuries that result from car accidents or workplace slips and falls. This is due to constant exposure to toxic chemicals that are part of one's daily work routine.
Many railroad workers are exposed to a diverse range of dangerous chemicals working. As a result, they often suffer from serious illnesses and chronic health problems. Certain of these ailments can be life-threatening, and require continuous treatment. Fortunately there are compensations available for injured railroad workers.
One of the most frequent ailments is cancer. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes and 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 as well as certain 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 as a result of exposure to diesel exhaust and other toxic chemicals when working for the railroad. The employee was exposed a number of hazardous substances, including creosote-coated rail ties. The lawsuit alleges that the railroad used the "soaking wet" method of treating rail ties, leaving employees completely covered in the toxic chemicals.
Wrongful Death
Railroad workers are exposed a variety of cancer-causing chemicals and toxins on their job. Sadly some of these exposures result in premature death for workers and their loved ones. If the death of a person is the result of a railroad company's negligence, it is possible to pursue wrongful death claims. union pacific railroad lawsuit seasoned Pennsylvania railroad injury lawyer can examine the circumstances of your loved one's death and determine if you might be legally entitled to compensation.
In closing arguments, Damick asserted that Brown was unaware that creosote can cause AML and that the CNW was aware of the dangers of this chemical for a number of years. Damick also argued that the CNW was required to provide protective clothing in 1986, but did not do so until it was bought by Union Pacific in 1996.
In cases where FRA declares that the railroad committed a willful act and willful, it may be cited, penalized and fined however its parent company, or any other institution, such as the union, cannot pay the railroad for this penalty. Congress believed that penalties should can be used to deter individual behavior that would be diminished, if not removed, by the possibility of being paid for by the railroad or its affiliates. If a railroad or individual refuses to settle an amount of money, the FRA through the Attorney General will sue 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 mesothelioma and lung cancer. If a worker on the railroad is diagnosed with one of these diseases, and suspects that the condition may be due to exposure while working or at work, they should seek out an attorney for railroad cancer.
In a recent Illinois case in which a jury handed out $50,000 to a railroad family member who passed away from mesothelioma. The plaintiff worked from 1976 until 2008 for Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance worker the plaintiff was exposed to creosote coated railroad ties. The jury determined that his death was caused by his prolonged exposure to these chemicals and other dangerous materials on the railroad.
This decision, although small however, demonstrates the potential for substantial damages in the event of a FELA lawsuit. union pacific railroad lawsuit are responsible for medical expenses, lost income and other losses that employees suffer in cases like this. An experienced railroad cancer lawyer could help victims pursue the compensation they deserve.