How to File a Railroad Lawsuit
Compensation may be available to railroad workers who develop 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 while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers' Liability Act (FELA), the law that allows railroad workers to sue their employers when they suffer injuries on the job. Unlike workers' comp statutes, which provide financial benefits regardless of the way in which an injury is caused, FELA requires injured railroad employees to prove that their employer's negligence contributed to their injuries.
The FELA also outlines a variety of different types of damages that an injured worker may be entitled to. Medical expenses, lost wages, and discomfort and pain are all covered. If the victim suffers from an injury to the head that is traumatic or head injury, they may be eligible for benefits for permanent disability and total disability as well as future earnings and loss of companionship.
In addition to a traumatic brain injury, FELA claims can also be filed for a variety of other diseases and conditions caused by exposure to toxic substances at work. Many former railroad workers, for example those who worked as conductors, engineers, switchmen, carmen or machinists, are now suffering from cancers like mesothelioma. Former railroad workers were exposed to diesel fumes, asbestos silica dust chemical solvents, chemical solvents and weedkillers.
Having an experienced attorney by your side will help you effectively navigate your FELA claim. Your attorney will have to be well-versed in FELA and other laws that relate to your situation. These include the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
An occupational disease is a condition or injury that occurs as a result if one's occupation. In contrast to injuries that are traumatic like those sustained in workplace accidents or car falls, many occupational diseases progress slowly over time. This is because of continuous exposure to harmful chemicals that are part of a person's work routine.
Many railroad workers are exposed to a range of hazardous chemicals. They often suffer from chronic illnesses and serious health issues as a result. Some of these conditions may be life-threatening and require ongoing treatment. Fortunately, there are compensations available for railroad workers injured.
One of the most common diseases is cancer. Numerous studies have connected cancer in railroad workers exposed to diesel fumes and other chemical dangers. These chemicals include benzene which is a poisonous substance that can cause blood cancers and other illnesses. It is found in gasoline and certain wood preservatives and certain 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 to a range of toxic chemicals, including creosote that was coated on rail ties. The lawsuit asserts that the railroad company treated rail ties with a "soaking-wet" method that caused employees to be covered in chemicals from head to toe.
Wrongful Death
Railroad employees are exposed various toxic chemicals and cancer-causing substances on their job. Sadly certain exposures can cause premature death for employees and their loved ones. If a person dies early because of the negligence of the railroad, it could be possible to bring a lawsuit against them for wrongful deaths. An experienced Pennsylvania railroad injury lawyer can investigate the circumstances of the death of your loved one and determine if you might be eligible for compensation.
Damick in his closing arguments argued that Brown did not know that creosote could cause AML and that CNW was aware of the dangers for a long time. He also pointed out that the CNW was required to provide protective clothing beginning in 1986, but it did not do so until it was acquired by Union Pacific in 1996.
If the FRA alleges willfulness, the railroad can be penalized and cited and not be compensated for the penalty by its parent company or an institution such as an organization for labor. Congress wanted penalties to can be used to deter individual behavior, and that it would be reduced, if not eliminated, because of the possibility of being paid for by the railroad or its affiliates. If an individual or railroad refuses to pay an amount of money, the FRA, through the Attorney-General can take action against the appropriate United States District Court.
Damages
Railroad workers are exposed to carcinogens every day and these harmful substances can trigger a variety 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 illnesses and suspects that their condition could be the result of exposure while working, they should consult an attorney who specializes in railroad cancer.
In a recent Illinois case, a jury gave $50,000 to a railroad family member who passed away from mesothelioma. cancer lawsuits worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 between 1976 and 2008. He was exposed to creosote-coated railroad tie in the course of his work as a maintenance-of-way employee. The jury found that his death was caused by his long-term exposure to these chemicals and other hazardous materials found on the railroad.
The verdict, though small, shows the potential for significant damages in a FELA lawsuit. Railroads are responsible for medical expenses as well as lost income and other losses suffered by their employees in situations like this. An experienced lawyer for railroad cancer can assist victims in obtaining the compensation they are entitled to.