How to File a Railroad Lawsuit
Railroad workers who contract an illness or disease due to occupational exposure may be eligible for compensation. A FELA lawyer may help.
Plaintiffs claim 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), an act of law, permits railroad employees to sue their employers if they are injured while on the job. Contrary to workers' compensation laws that provide financial compensation regardless of the way in which injuries were caused, FELA is a fault-based law that requires railroad workers injured to show that their employer's negligence was an impact on their injuries.
The FELA also sets out several different types of damages that an injured worker could be awarded. Medical expenses, lost wages, and pain and discomfort are all included. In addition, if the victim suffers a traumatic brain injury, he/she she may be entitled to permanent and total disability benefits in addition to loss of future earnings and loss of companionship.
In addition to a brain injury, FELA claims can also be filed for a range of other ailments and diseases that are caused by toxic exposures at work. Many former railroad workers, like those who worked as engineers, conductors, switchmen carmen, machinists or carmen, suffer from cancers including mesothelioma. These former railroad workers have been exposed to diesel fumes, asbestos silica dust and chemical solvents, and herbicides throughout their careers.
A FELA lawyer with experience can help you navigate your claim with ease. Your attorney must be familiar with FELA and other laws that pertain to your case. This includes the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Work-related Diseases
An occupational disease is an injury or illness that is the result of one's job. Many occupational diseases are developed slowly over time, in contrast to the traumatic injuries suffered in 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 to a myriad of dangerous chemicals. In the end, they are often suffering from serious illness and chronic health issues. Certain of these ailments can be life-threatening and require continuous treatment. There are compensations available for railroad employees who have been injured.
Cancer is one of the most common diseases. Numerous studies have been conducted on railroad workers who have cancer. exposed to diesel fumes, and other chemical hazards. These chemicals include benzene which is a noxious substance that can cause blood cancers and other illnesses. It can be found in gasoline and certain wood preservatives and a variety of tar.
A lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 yrs developed lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed a variety of dangerous chemicals, including creosote-coated rail ties. The lawsuit asserts that the railroad company treated rail ties with the "soaking-wet" method that exposed employees to chemicals from head to toe.
Wrongful Death
Railroad workers are exposed to various toxic chemicals and cancer-causing chemicals on the job. Sadly some of these exposures lead to premature deaths for employees and their families. If a person's premature death is due to the negligence of a railroad company, it is possible to pursue wrongful death claims. A seasoned Pennsylvania railroad injury lawyer could look into the circumstances that led to the death of your loved ones and determine if you might be entitled to compensation.
Damick made the argument during closing arguments that Brown did not know that creosote can cause AML and that CNW was aware of the toxicity for a long time. Damick also argued that the CNW was required to provide protective clothing in 1986, but didn't do so until it was bought by Union Pacific in 1996.
In the event that FRA alleges that the railroad was willful, it can be penalized, cited or fined however its parent company, or any other institution, such as a union, cannot reimburse the railroad for this penalty. Congress intended that penalties can be used to deter individual behavior, and that it would be lessened, if not eliminated, through the possibility of being compensated for by the railroad or its affiliates. If a railroad or an individual refuses to pay an amount due to a fine, then the FRA, through the Attorney-General will sue the appropriate United States District Court.
Damages
Railroad workers are exposed carcinogens every day, and these toxic substances can cause various types of cancer and chronic illnesses like mesothelioma, lung cancer, esophageal cancer, and non-Hodgkin's lymphoma. If a worker on the railroad is diagnosed with any of these ailments, and suspects that the condition may be the result of exposure while on the job and they want to consult an attorney who specializes in railroad cancer.
In railroad controls limited lawsuit , an Illinois jury gave $50,000 to the family of a railroad employee who died from mesothelioma. The plaintiff worked from 1976 until 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroadties in the course of his job as a maintenance-of-way worker. The jury ruled that his death was caused by a long-term exposure of these chemicals and other dangerous materials on the railroad.
While this is a small verdict however, it shows the possibility of substantial damages in a FELA lawsuit. In cases like this railroads are accountable for medical costs as well as lost wages and other damages. A railroad cancer lawyer with experience can assist victims receive the justice they deserve.