How to File a Railroad Lawsuit
Railroad workers who develop illnesses or diseases related to occupational exposure may be entitled to compensation. Contacting an FELA attorney can assist.
Plaintiffs claim 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 an act that permits railroad workers and their families to file lawsuits against their employers when they are injured while working. Contrary to workers' compensation laws that provide financial compensation regardless of the way in which injuries were caused, FELA is a fault-based law that requires railroad workers injured to show that negligence on the part of their employer played an impact on their injuries.
The FELA also defines a variety of damages an injured worker may receive. Medical expenses, lost wages and discomfort and pain are all included. If the victim suffers an injury to the head that is traumatic or head injury, they may be entitled to permanent disability benefits and total disability in the future, as well as future earnings and companionship loss.
In addition to a brain injury, FELA claims can also be filed for a range of other ailments and diseases that are caused by toxic exposures at work. Many former railroad workers, like those who were engineers, conductors, switchmen, carmen or machinists, suffer from cancers including mesothelioma. These former railroad employees were exposed to asbestos, diesel fumes silica dust chemical solvents, weed killers and chemical solvents.
A FELA attorney with years of experience can assist you in navigating your claim successfully. To win your case your attorney needs to know the ins & outs of FELA as well as other relevant laws, including 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 traumatizing injuries like those caused by accidents in the car or workplace slips and falls. This is due to continual exposure to toxic chemicals that are a part of one's daily work routine.
Many railroad workers are exposed to a wide range of dangerous chemicals while at work. They often suffer from chronic illnesses and serious health issues as a result. Some of these conditions can be life-threatening and require continuous treatment. There are compensations available for railroad workers who are injured.
Cancer is one of the most frequently diagnosed illnesses. Numerous studies have linked cancer in railroad workers with exposure to diesel fumes, and other chemical dangers. These chemicals include benzene, which is a poisonous substance that can cause blood cancers as well as other diseases. It is present in gasoline, some kinds of wood preservatives and 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 to a number of hazardous substances, such as creosote that was coated on rail ties. The lawsuit asserts that the railroad company employed a "soaking wet" method of treating rail ties. This resulted in employees completely covered with the chemicals.
Wrongful Death
Railroad workers are exposed various cancer-causing chemicals and toxins while on the job. Sadly, some of these exposures result in premature death for employees and their families. If the death of a person is due to a railroad company's negligence and/or carelessness, they may be able to file a lawsuit for wrongful deaths. A Pennsylvania railroad injury lawyer could examine the circumstances surrounding the untimely death of your loved ones and determine whether you are entitled to compensation.
Damick made the argument during closing arguments that Brown did not know that creosote could cause AML, and that CNW had been aware of the dangers for years. railroad lawsuits that the CNW was required to provide protective clothing beginning in 1986, but did not provide protective clothing until it was bought by Union Pacific in 1996.
In the event that FRA declares that the railroad was willful and willful, it may be penalized, cited or fined however its parent company, or another institution, like a union, cannot reimburse the railroad for the penalty. Congress believed that penalties should can be used to deter individuals' behavior, which would be reduced, if not removed, by the possibility of being compensated for by the railroad or its affiliates. In the event that an railroad or an individual fails to agree to pay an amount of penalty and the FRA will, through the Attorney General sue in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a daily basis and these carcinogens can cause many different types of cancer and chronic diseases including mesothelioma lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a railroad employee is diagnosed with one of these diseases, and suspects that their condition could be the result of exposure while on the job, they should consult an attorney for railroad cancer.
In a recent trial, an Illinois jury awarded $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff was employed between 1976 and 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance employee, the plaintiff was exposed to creosote-coated railroad tie. The jury found that his death was caused by a long-term exposure to these chemicals as well as other hazardous materials on the railroad.
The decision, while not huge it demonstrates the possibility of significant damages in the event of a FELA suit. Railroads are responsible for medical expenses, lost income and other losses that employees suffer in such cases. An experienced railroad cancer lawyer could help victims pursue the compensation they deserve.