How to File a Railroad Lawsuit
Compensation may be available to railroad workers who contract a disease because of their work. Contacting a FELA attorney can help.
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 permits railroad employees and their families to sue their employers if they are hurt on the job. Unlike workers' compensation statutes that offer financial compensation irrespective of the manner in which an injury caused, FELA is a fault-based law that requires injured railroad employees to prove that negligence on the part of their employer played a role in their injuries.
The FELA also specifies several types of damages a worker injured may receive. Medical expenses, lost wages and discomfort and pain are all covered. In addition, if the victim suffers a brain injury, he/she could be entitled to permanent and total disability benefits, in addition to loss of future earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a range of other conditions and diseases caused by exposure to toxic substances at work. For example, many former railroad workers who worked as engineers, conductors carmen, switchmen, machinists and office staff suffer from different forms of cancer, such as mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, chemical solvents and weedkillers.
A FELA attorney with experience can help you navigate your claim with ease. In order to succeed in your case, your attorney will need to be aware of the ins and outs of FELA as well as other relevant laws like Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace disease is a sickness or injury that happens as a result if one's occupation. Many occupational diseases are developed slowly over time, in contrast to traumatizing injuries like those caused by car accidents or workplace slips and falls. This is because of the constant exposure to toxic chemicals that are a part of the work routine.
Many railroad workers are exposed to a wide variety of hazardous chemicals working. In the end, they often suffer from serious illness and chronic health problems. Certain of these ailments can be life-threatening, and require continuous treatment. There are compensations available to railroad workers who are injured.
Cancer is one of the most frequent diseases. railroad cancer lawsuit have linked cancer among railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene, which is a toxic chemical that can cause blood cancers as well as other diseases. It can be found in gasoline and some wood preservatives and some types of tar.
A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years developed lung cancer due to exposure to diesel exhausts and other toxic chemicals. The employee was exposed a range of toxic substances, including creosote-coated rail ties. The lawsuit asserts that the railroad used the "soaking wet" method of treating rail ties, which left employees covered from head to toe in the chemicals.
Wrongful Death
While working railroad workers are exposed various cancer-causing chemicals. Sadly some of these exposures lead to premature deaths for workers and their loved ones. If a person's untimely death is due to a railroad company's negligence, it is possible to bring a lawsuit for wrongful death. An experienced Pennsylvania railroad injury lawyer will examine the circumstances of the death of a loved one and determine if you might be entitled to compensation.
Damick argued during closing arguments that Brown did not know that creosote can cause AML, and that CNW had been aware of the toxicity for a long time. Damick also argued that the CNW was required to provide protective clothing in 1986, but didn't provide protective clothing until it was acquired by Union Pacific in 1996.
In the event that FRA asserts that the railroad committed a willful act and willful, it may be penalized, cited and fined, but its parent company, or any other institution, like the union, cannot pay the railroad for this penalty. Congress intended for penalties to have a deterrent impact on the conduct of individuals, which could be reduced or removed if a railroad or its affiliates, paid for them. If an railroad or individual doesn't accept a settlement of an amount of penalty or other fine, the FRA will, through the Attorney General, take action in the appropriate United States district court.
Damages
Rail workers are exposed to carcinogens every day. These harmful substances can trigger a range of cancers and chronic illnesses, including lung cancer and mesothelioma. If a railroad worker is diagnosed with any of these illnesses and suspects their condition may be due to exposure while on the job and they want to consult an attorney who specializes in railroad cancer.
In a recent Illinois case in which a jury gave $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff worked between 1976 until 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. He was exposed to creosote coated railroad ties as part of his job as a maintenance-of-way worker. The jury determined that his death was caused by the long-term exposure of these chemicals and other dangerous materials on the railroad.
Although this decision is not huge, it demonstrates the potential for substantial damages in a FELA lawsuit. Railroads are liable for the medical expenses in addition to lost income, and other damages that employees suffer in cases like this. A lawyer for railroads experienced in this field can assist victims get the compensation they are entitled to.