How to File a Railroad Lawsuit
Compensation may be offered to railroad employees who contract a disease due to their job. A FELA lawyer may be of assistance.
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 an act that permits railroad workers and their families to file lawsuits against their employers when they get injured while working. In contrast to workers' compensation statutes, which provide financial benefits no matter how an injury was caused, FELA requires injured railroad employees prove that their employer's negligence contributed to their injuries.
The FELA also sets out several different types of damages workers injured in an accident can claim. Medical expenses, lost wages and pain and discomfort are all included. If the victim suffers head injuries that are traumatic, they may also be eligible for benefits for permanent disability and total disability and future loss of earnings and companionship.
FELA claims are not restricted to brain injuries caused by trauma. They can also be made in the event of a myriad of other illnesses and conditions caused by toxic exposures. For railroad lawsuit settlements , many former railroad workers who were conductors, engineers and switchmen, carmen office workers and machinists are now suffering from various kinds of cancers, including mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos silica dust chemical solvents, chemical solvents and weed killers.
A FELA lawyer with experience can assist you in navigating your claim to the best of your ability. Your lawyer must be aware of FELA and other laws that are relevant to your situation. These include the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.
Occupational 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 traumatic injuries such as those that result from accidents at work or slips and falls. This is because of the constant exposure to toxic chemicals as a part of the daily routine.
Many railroad employees are exposed to a variety of hazardous chemicals. They are often suffering from chronic illness and serious health issues because of it. Certain conditions could be life-threatening and require ongoing treatment. There are compensations available to railroad workers who have been injured.
One of the most frequent ailments is cancer. Numerous studies have linked cancer in railroad workers due to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene, which is a toxic substance and can cause cancers of the blood. It is present in gasoline, a few kinds of wood preservatives as well as certain kinds 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 due to exposure to diesel exhausts and other toxic chemicals. The employee was exposed a number of hazardous substances, including creosote coating rail ties. The lawsuit claims that the railroad used a "soaking wet" method of treating rail ties, which left employees completely covered in the toxic chemicals.
Wrongful Death
Railroad workers are exposed various toxic chemicals and cancer-causing chemicals on the job. Sadly, some of these exposures cause premature deaths for workers and their families. If a person dies early due to the negligence of a railroad, it may be possible to bring a lawsuit against them for wrongful deaths. A Pennsylvania railroad injury lawyer could look into the circumstances leading to the untimely death of your loved ones and determine whether you are entitled to compensation.
In closing arguments, Damick claimed that Brown was not aware that creosote is a cause of AML and that the CNW was aware of the dangers of this chemical for a number of years. He also noted that the CNW had to provide protective clothing in 1986, but did not until Union Pacific bought it in 1996.
In cases where FRA alleges that the railroad committed a willful act and willful, it may be cited, penalized and fined but its parent company, or any other institution, such as an union, are not able to compensate the railroad for this penalty. Congress intended for penalties to be a deterrent for individuals' behavior, and they would be lessened or removed if a railroad or its affiliates, were to pay for them. If a railroad or 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 to carcinogens daily 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 worker has been diagnosed with one of these illnesses and suspects their illness is caused by exposure at work, they should seek advice from an experienced attorney for railroad cancer.
In a recent Illinois case the jury handed out $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff worked from 1976 until 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As a maintenance worker, the plaintiff was exposed to creosote-coated railroad tie. The jury found that his death was caused by his prolonged exposure to these chemicals and other hazardous materials found on the railroad.
While this is a small verdict, it demonstrates the possibility of substantial damages in a FELA lawsuit. Railroads are accountable for medical expenses along with lost income and other damages suffered by their employees in cases such as this. An experienced railroad cancer lawyer can help victims seek the compensation they are entitled to.