How to File a Railroad Lawsuit
Compensation may be available to railroad workers who contract a disease due to their work. Bladder cancer lawsuit may assist.
Plaintiffs claim they were exposed to degreasing chemicals and creosote, the generic term for coal tar, while working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
Leukemia lawsuit (FELA) is a law that permits railroad workers and their families to sue their employers when they are injured on the job. In union pacific railroad lawsuit to workers' compensation laws that provide financial benefits regardless of the manner in which an injury caused, FELA is a fault-based law that requires injured railroad workers to prove that their employer's negligence was the role in their injuries.
The FELA also defines a variety of damages that an injured worker can be awarded. These include medical costs loss of wages, pain and suffering. In addition, if the victim suffers a brain injury, he or might be entitled permanent and total disability benefits in addition to loss of future earnings and loss of companionship.
FELA claims are not limited to brain injuries caused by trauma. They may also be made in the event of a number of other conditions and illnesses caused by exposure to toxic chemicals. Many former railroad workers, including those who worked as conductors, engineers, switchmen or machinists are now suffering from cancers like mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents weed killers and chemical solvents.
An experienced attorney at your side can help effectively navigate your FELA claim. In order to be successful your attorney needs to know 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
An occupational illness is a condition or injury which develops as a consequence of one's work. Many occupational diseases are developed slowly over time, in contrast to traumatic injuries such as those caused by accidents at work or slips and falls. This is due to the constant exposure to harmful chemicals as part of the routine at work.
Many railroad workers are exposed to a diverse variety of hazardous chemicals at work. In the end, they are often suffering from serious illnesses and chronic health issues. Certain of these ailments could be life-threatening and require continuous treatment. There are cancer lawsuit for railroad employees who have been injured.
One of the most prevalent diseases is cancer. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene which is a toxic chemical and can cause cancers of the blood. It can be found in gasoline as well as certain wood preservatives and a variety 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 carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a number of harmful substances, including creosote-coated rail ties. The lawsuit alleges that the railroad company used the "soaking wet" method of treating rail ties, leaving employees covered from head to toe with the chemicals.
Wrongful Death
While working railroad workers are exposed many cancer-causing chemicals. Unfortunately, a few of these exposures cause premature deaths among the workers and their families. If a person dies prematurely due to the negligence of the railroad, it could be possible to bring a lawsuit against them for wrongful deaths. A Pennsylvania railroad injury lawyer will examine the circumstances surrounding the death of a loved one and determine if you're entitled to compensation.
During closing arguments, Damick stated that Brown did not know that creosote could cause AML and that the CNW knew about the toxicity of this substance for years. Damick also pointed out that the CNW was required to provide protective clothing in 1986, but did not until Union Pacific bought it in 1996.
In cases where the FRA alleges willfulness, the railroad can be cited and penalized, but cannot be indemnified for the penalty by its parent company, or by another organization, like a labor organization. Congress was intent on ensuring that penalties be a deterrent for individuals' behavior, and they would be reduced or eliminated if the railroad, or its affiliates, were to pay for them. If a railroad or individual refuses to pay an amount due to a fine, then the FRA, through the Attorney-General will bring suit against the appropriate United States District Court.
Damages
Railroad workers are exposed to carcinogens every day, and these toxic substances can trigger a variety of cancer and chronic diseases including mesothelioma lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If a worker is diagnosed with any of these ailments and suspects that the condition is the result of exposure at workplace, they should talk to an experienced lawyer for railroad cancer.
In a recent case, an Illinois jury gave $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff worked between 1976 and 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As a maintenance employee, he was exposed to creosote laced railroad ties. The jury found that his death was the result of his long-term exposure to these chemicals as well as other dangerous materials on the railroad.
Although this decision is not huge but it does show the potential for massive damages in a FELA lawsuit. Railroads are liable for the medical expenses in addition to lost income, and other losses suffered by their employees in situations like this. An experienced lawyer for railroad cancer could help victims pursue the compensation they are entitled to.