How to File a Railroad Lawsuit
Compensation may be available for railroad workers who contract a bacterial disease due to their job. Contacting a FELA attorney can help.
Plaintiffs claim they were exposed to degreasing chemicals and creosote, a 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 a law, allows railroad workers to sue their employers if they suffer injuries on the job. Contrary to workers' compensation laws that provide financial benefits regardless of how the injury caused, FELA is a fault-based law that requires injured railroad workers to prove that negligence on the part of their employer played the role in their injuries.
blacklands railroad lawsuit sets out several different types of damages that an injured worker could be awarded. They include medical expenses loss of wages, pain and suffering. In addition, if a victim suffers a traumatic brain injury, he/she she may be entitled to permanent and total disability benefits along with loss of future earnings and companionship.
FELA claims are not limited to brain injuries that are traumatic. They are also claimed in the event of a variety of other conditions and illnesses caused by exposure to toxic substances. Many former railroad workers, including those who were engineers, conductors, switchmen or machinists are suffering from cancers, including mesothelioma. Former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents chemical solvents, and weed killers.
A knowledgeable attorney on your side can assist you to successfully navigate your FELA claim. In order to succeed in your case your lawyer needs to know the ins & outs of FELA and other pertinent laws such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace disease is a condition or injury that happens as a result if one's occupation. Many occupational diseases are developed slowly over time, unlike traumatizing injuries, such as those caused by accidents at work or slips and falls. This is due to continuous exposure to harmful chemicals that are a part of the daily routine at work.
Many railroad workers are exposed to a diverse variety of hazardous chemicals at work. In the end, they are often suffering from serious illnesses and chronic health issues. Some of these conditions can be life-threatening, and require ongoing care. Fortunately, there are compensations available for railroad workers who have been injured.
One of the most frequent ailments is cancer. Numerous studies have been conducted on railroad workers who have cancer. due to exposure to diesel fumes, and other chemical dangers. These chemicals include benzene which is a poisonous substance that can cause blood cancers and other diseases. It can be found in gasoline, certain wood preservatives, and a few types of tar.
A lawsuit brought 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 to numerous dangerous substances, including creosote-coated rail ties. The lawsuit alleges that the railroad company treated rail ties using a "soaking-wet" method, which left workers covered in chemicals from head to toe.
Wrongful Death
While working railroad workers are exposed a wide range of cancer-causing chemicals. Sadly, some of these exposures cause premature deaths for workers and their loved ones. If a person is killed prematurely because of the negligence of the railroad, it could be possible to pursue them for wrongful death. A seasoned Pennsylvania railroad injury lawyer will look into the circumstances that led to your loved one's death and determine whether you may be eligible for compensation.
During closing arguments, Damick argued that Brown did not know that creosote could cause AML and that the CNW was aware of the dangers of this substance for many years. He also noted that the CNW was required to provide protective clothing beginning in 1986, but it didn't until Union Pacific bought it in 1996.
In the event that FRA alleges that the railroad was willful, it can be penalized, cited and fined, but its parent company or another institution, such as a union, is not able to reimburse the railroad for this penalty. Congress was intent on ensuring that penalties have a deterrent effect on the conduct of individuals that could be lessened, if not eliminated, because of the possibility of being compensated for by the 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 can take action against the appropriate United States District Court.
Damages
Railroad workers are exposed carcinogens on a daily basis, and these toxic substances can cause various types of cancers and chronic illnesses including mesothelioma lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If an employee is diagnosed with one of these illnesses and suspects their condition is the result of exposure at work, they should seek advice from an experienced lawyer for railroad cancer.
In a recent trial, an Illinois jury gave $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 and 2008. As a maintenance employee, he was exposed for a long time to creosote coated railroad ties. The jury concluded that his death was caused by the long-term exposure to these chemicals as well as other hazardous materials on the railroad.
This decision, although small however, demonstrates the potential for substantial damages in a FELA lawsuit. In cases like this, railroads are responsible for medical costs in addition to lost wages, among other damages. A skilled lawyer for railroads can help victims seek the compensation they are entitled to.