How to File a Railroad Lawsuit
Railroad workers who develop a disease or illness related to exposure to the workplace may be eligible for compensation. A FELA lawyer may assist.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents when working for Chicago & North Western Railway 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 sue their employers when they get injured while working. Unlike workers' comp statutes, which provide financial benefits regardless of the way in which an injury occurs, FELA requires injured railroad employees to prove that their employer's negligent actions caused their injuries.
The FELA also defines different types of damages that an injured worker could be awarded. They include medical expenses loss of wages, suffering and pain. In addition, if the victim suffers a traumatic brain injury, he or 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 variety of other illnesses and conditions which result from exposure to toxic substances at work. For instance, many former railroad workers who worked as conductors, engineers and switchmen, carmen office workers and machinists are suffering from various forms of cancer, such as mesothelioma. These former railroad workers have been exposed to diesel fumes, asbestos silica dust and chemical solvents and the use of weed killers throughout their careers.
Having an experienced attorney by your side will help you get through your FELA claim. In order to win your case your attorney needs to be familiar with the ins and outs of FELA and other pertinent laws, such as Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Work-related 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 the traumatic injuries caused by workplace accidents or car accidents. and falls. This is because of the constant exposure to toxic chemicals as part of the daily routine.
Many railroad workers are exposed at work to a wide range of hazardous chemicals. They are often suffering from chronic illness and serious illness as a result. Some of these conditions may be life-threatening, and require ongoing treatment. Fortunately there are compensations for railroad workers injured.
One of the most commonly reported diseases is cancer. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene, which is a noxious substance that can cause blood cancers and other illnesses. It is present in gasoline and some wood preservatives and certain types of tar.
A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years was diagnosed with lung cancer as a result of exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed hazardous substances, including creosote-coated rail ties. class action lawsuit against railroads asserts that the railroad company treated rail ties using the "soaking-wet" method, which caused employees to be covered in chemicals from head to foot.
Wrongful Death
While working railroad workers are exposed to an array of cancer-causing chemicals. Unfortunately, a few of these exposures cause premature death among workers and their families. If a person dies prematurely because of the negligence of an railroad, it may be possible to claim compensation for the wrongful death. An experienced Pennsylvania railroad injury lawyer could examine the circumstances of your loved one's death and determine whether you may be eligible for compensation.
During closing arguments, Damick claimed that Brown was unaware that creosote could cause AML and that the CNW knew about the dangers of this substance for a long time. He also noted that the CNW had to provide protective clothing in 1986, but did not until Union Pacific bought it in 1996.
In the event that FRA claims that the railroad was willful and obnoxious, it may be penalized, cited and fined but its parent company, or another institution, like the union, cannot pay the railroad for this penalty. Congress was intent on ensuring that penalties are a deterrent to individuals' behavior, which would be diminished, if not eliminated, through the possibility of being paid for by a railroad or its affiliates. If a railroad or individual refuses to settle a fine, the FRA through the Attorney-General can bring suit against the appropriate United States District Court.
Damages
Railroad workers are exposed to carcinogens on a regular basis and these harmful substances can cause a variety of cancer and chronic illnesses including mesothelioma, lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If a railway worker is diagnosed with one of these ailments, and suspects that the condition may be the result of exposure while on the job and is unsure, they should speak with an attorney for railroad cancer.
In a recent instance, an Illinois jury gave $50,000 to the family of a railroad employee who passed away from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 and 2008. As a maintenance worker he was exposed to creosote-coated railroad tie. The jury concluded that his death was the result of his long-term exposure to these chemicals and other hazardous substances on the railroad.
The verdict, though small but it shows the possibility of significant damages in the event of a FELA lawsuit. In these cases, railroads are responsible for medical costs, lost wages and other damages. An experienced lawyer for railroad cancer can assist victims in obtaining the justice they deserve.