How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease due to their work can be eligible for compensation. A FELA lawyer may be of assistance.
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 workers and their families to file lawsuits against their employers when they get injured while working. Unlike workers' comp statutes which offer financial compensation regardless of how an injury was caused, FELA requires injured railroad employees prove that their employer's negligent actions caused their injuries.
The FELA also outlines a variety of compensation that injured workers may receive. These include medical costs loss of wages, suffering and pain. In addition, if a victim suffers a brain injury, he/she she may be entitled to permanent and total disability benefits as well as loss of future earnings and loss of companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other illnesses and conditions that are caused by toxic exposures at work. Many former railroad workers, including those who were engineers, conductors or switchmen or machinists suffer from cancers, including mesothelioma. class action lawsuit against railroads were exposed to diesel fumes, asbestos, silica dust chemical solvents weed killers and chemical solvents.
A FELA attorney with years of experience can assist you in navigating your claim in a successful manner. Your lawyer must be familiar with FELA, as well as other laws that are relevant to your case. This includes the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.
Work-related Diseases
An occupational disease is a condition or injury that occurs as the result of one's job. Many occupational diseases are developed slowly over time, unlike traumatizing injuries, such as those suffered in accidents at work or slips and falls. This is due to continual exposure to toxic chemicals that are part of one's daily work routine.
Many railroad workers are exposed to a range of hazardous chemicals. Because of this, they are often suffering from serious illness and chronic health issues. Some of these conditions can be life-threatening, and require ongoing treatment. There are compensations for railroad workers who have been injured.
One of the most common ailments is cancer. Numerous studies have linked cancer in railroad workers exposed to diesel fumes, and other chemical hazards. These chemicals include benzene that is a poisonous substance that can cause cancers of the blood. It can be found in gasoline as well as certain wood preservatives and a few types of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years, developed lung cancer due to exposure to diesel exhaust and other toxic chemicals while working for the railroad. The employee was exposed to a variety of toxic substances, including creosote that was coated on rail ties. The lawsuit asserts that the railroad company used the "soaking wet" method of treating rail ties. This left employees completely covered with the chemicals.
Wrongful Death
Railroad employees are exposed various toxic chemicals and cancer-causing substances on the job. Unfortunately certain exposures lead to premature deaths for employees and their families. If a person is killed prematurely because of the negligence of a railroad, it may be possible to sue them for wrongful deaths. A Pennsylvania railroad injury lawyer will look into the circumstances leading to 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 realize that creosote was a cause of AML, and that CNW had been aware of the dangers for years. Damick also argued that the CNW was required to provide protective clothing starting in 1986, but it did not provide protective clothing until it was purchased by Union Pacific in 1996.
If the FRA claims willful conduct, the railroad can be penalized and cited however, it is not able to be compensated for that penalty by its parent company or another organization, like an organization for labor. Congress wanted penalties to be a deterrent for individual behavior, which would be lessened or eliminated if the railroad, or its affiliates, were to pay for them. In the event that an railroad or an individual fails to accept a settlement of an amount of penalty, the FRA will, through the Attorney General, take action in the appropriate United States district court.
Damages
Railroad workers are exposed to carcinogens on a regular basis, and these toxic substances can cause many different types of cancers and chronic illnesses like mesothelioma, lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If a worker is diagnosed with one of these conditions and suspects that the condition is the result of exposure at work, they should consult an experienced lawyer for railroad-related cancer.
In a recent trial, an Illinois jury awarded $50,000 to the family of a railroad employee who passed away from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 until 2008. He was exposed to creosote-coated railroadties as part of his job as a maintenance-of-way employee. The jury determined that his wrongful death was caused by his continuous exposure to these chemicals as well as other dangerous materials on the railroad.
This verdict, while small however, demonstrates the potential for substantial damages in the event of a FELA suit. In cases like this railroads are accountable for medical costs, lost wages and other damages. An experienced lawyer for railroad cancer could assist victims to obtain the justice they deserve.