How to File a Railroad Lawsuit
Compensation may be available for railroad employees who contract a disease due to their job. A FELA lawyer can help.
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 that allows railroad workers and their families to file lawsuits against their employers when they get injured on the job. In contrast to workers' compensation statutes, which provide financial benefits regardless of how the injury was caused, FELA requires injured railroad employees to prove that their employer's negligent actions caused their injuries.
The FELA also defines different types of damages an injured worker may be entitled to. This includes medical expenses along with lost wages, pain and suffering. If Bladder cancer lawsuit suffers from trauma to the head, they may also be entitled to benefits for permanent disability and total disability as well as future earnings and loss of companionship.
In addition to a brain injury, FELA claims can also be filed for a range of other illnesses and conditions caused by exposure to toxic substances at work. For example, many former railroad workers who worked as conductors, engineers carmen, switchmen, office workers, and machinists are now suffering from various forms of cancer, such as mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, chemical solvents and weed killers.
Having an experienced attorney by your side can help effectively navigate your FELA claim. Your attorney will have to be well-versed in FELA, as well as other laws that relate to your particular case. These include the Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
A occupational disease is a condition or injury that happens as a result if one's occupation. Many occupational diseases develop slowly over time, unlike the traumatic injuries caused by accidents in the car or workplace slips and falls. This is due to continuous exposure to toxic chemicals that are part of the daily routine at work.
Many railroad workers are exposed at work to a range of hazardous chemicals. They are often suffering from chronic illness and serious ailments as a result. Some of these conditions may be life-threatening and require continual treatment. Fortunately, there are compensations available for railroad workers injured.
One of the most commonly reported illnesses is cancer. Numerous studies have linked cancer in railroad workers by exposure to diesel fumes and other chemical hazards. These chemicals include benzene. It is a toxic chemical and can cause blood cancers. It is found in gasoline, some kinds of wood preservatives, and certain 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 was diagnosed with lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed a variety of dangerous substances, such as creosote coated rail ties. The lawsuit claims that the railroad company treated rail ties with the "soaking-wet" method that left employees covered in chemicals from head to foot.
Wrongful Death
On the job railroad workers are exposed many cancer-causing chemicals. Unfortunately, some of these exposures lead to premature deaths among employees and their families. If the death of a person is the result of a railroad company's negligence and/or carelessness, they may be able to sue for wrongful death. A knowledgeable Pennsylvania railroad injury lawyer will look into the circumstances that led to the death of your loved ones and determine if you might be entitled to compensation.
During closing arguments, Damick asserted that Brown did not know that creosote may cause AML and that the CNW was aware of the dangers of this substance for years. Damick also pointed out that the CNW was required to provide protective clothing beginning in 1986, however it did not until Union Pacific bought it in 1996.
If the FRA asserts willful misconduct that the railroad has committed, it can be cited and penalized but it cannot be compensated for the penalty by its parent company or any other organization, like an organization for workers. Congress intended that penalties could have a deterrent effect on individual behavior, and that it would be diminished, if not eliminated, because of the possibility of being compensated for by the railroad or its affiliates. In the unlikely event that an railroad or an individual fails to agree to settle a penalty then the FRA will through the Attorney General sue in the appropriate United States district court.
Damages
Railroad workers are exposed to carcinogens every day, and these toxic substances can cause various types of cancers and chronic illnesses such as mesothelioma and lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a worker is diagnosed with one of these conditions and believes that their condition is the result of exposure at work, they should speak with an experienced lawyer for railroad-related cancer.
In a recent Illinois case, a jury awarded $50,000 to a railway family of a worker who died from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 until 2008. As a maintenance worker, he was exposed to creosote laced railroad ties. The jury concluded that his death was caused by long-term exposure of these chemicals and other dangerous materials found on the railroad.
While this is a small verdict but it highlights the potential for substantial damages in the event of a FELA lawsuit. In cases like this railroads are accountable for medical costs in addition to lost wages, among other damages. A railroad cancer lawyer with experience could help victims get the compensation they are entitled to.