How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease related to occupational exposure may be eligible for compensation. A FELA lawyer could help.
Plaintiffs claim that they were exposed to degreasing agents and creosote which is the 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 employees and their families to file lawsuits against their employers if they are injured on the job. Unlike workers' compensation statutes that provide financial compensation regardless of how an injury was caused, FELA is a fault-based law which requires railroad employees injured to show that their employer's negligence was an impact on their injuries.
The FELA also provides a variety of damages a worker injured could be entitled to. Medical expenses, lost wages, and discomfort and pain are all included. If the victim is suffering from trauma to the head they could also be eligible for benefits for permanent disability and total disability as well as future earnings and companionship loss.
In addition to a traumatic brain injury, FELA claims can also be filed for a range of other illnesses and conditions that result from toxic exposures at work. railroad workers cancer lawsuit , like those who worked as engineers, conductors or switchmen, carmen or machinists, are currently suffering from cancers, including mesothelioma. These former railroad employees have been exposed to asbestos, diesel fumes silica dust, chemical solvents, and chemical weed killers during their time in the industry.
A FELA lawyer with experience can assist you in navigating your claim successfully. Your attorney should be aware of FELA and other laws that are relevant to your particular case. These include the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational disease is an illness or injury that develops as a result of one's work. Many occupational diseases are developed slowly over time, in contrast to traumatic injuries such as those sustained from workplace accidents or car accidents. and falls. This is due to continuous exposure to toxic chemicals that are part of the routine of work.
Many railroad workers are exposed to a diverse range of dangerous chemicals while at work. As a result, they are frequently suffering from serious illnesses and chronic health issues. Certain of these ailments can be life-threatening and require ongoing care. Fortunately there are compensations to railroad workers who are injured.
Cancer is among the most common diseases. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene. It is a toxic compound and can cause blood cancers. It is present in gasoline, certain kinds of wood preservatives and certain kinds 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 carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a number of hazardous substances, including creosote-coated rail ties. The lawsuit asserts that the railroad company treated rail ties using the "soaking-wet" method that left workers covered in chemicals from head to toe.
Wrongful Death
Railroad employees are exposed a variety of toxic chemicals and cancer-causing chemicals on the job. Sadly, some of these exposures lead to premature deaths for employees and their families. If the death of a person is due to the negligence of a railroad business and/or carelessness, they may be able to bring a lawsuit for wrongful death. An experienced Pennsylvania railroad injury lawyer will analyze the circumstances surrounding the death of a loved one and determine if you may be eligible for compensation.
Damick argued during closing arguments that Brown did not know 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 beginning in 1986, but didn't until Union Pacific bought it in 1996.
In the event that FRA asserts that the railroad was guilty and willful, it may be penalized, cited, and fined but its parent company or another institution, such as a union, cannot reimburse the railroad for the penalty. Congress was intent on ensuring that penalties have a deterrent impact on the conduct of individuals, which could be lessened or eliminated if a railroad or its affiliates, paid for them. In the event that an railroad or an individual does not accept a settlement of an amount of penalty, the FRA will, through the Attorney General, bring suit in the appropriate United States district court.
Damages
Rail workers are exposed to carcinogens all day. These carcinogens can trigger a variety of diseases and cancers, including lung cancer and mesothelioma. If a worker on the railroad is diagnosed with any of these illnesses and suspects that the condition may be the result of exposure while working, they should consult a railroad cancer attorney.
In a recent Illinois case, a jury handed out $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 until 2008. He was exposed to creosote-coated railroad ties in the course of his job as a maintenance-of-way employee. The jury ruled that his death was caused by a long-term exposure to these chemicals and other dangerous materials on the railroad.
This decision, although small it demonstrates the possibility of substantial damages in a FELA suit. In cases like this railroads are accountable for medical costs in addition to lost wages, among other damages. An experienced railroad cancer lawyer can assist victims in obtaining the amount of compensation they're entitled to.