How to File a Railroad Lawsuit
Compensation may be offered to railroad workers who contract a disease due to their work. A FELA lawyer can be of assistance.
Plaintiffs claim they were exposed to degreasing substances and creosote, the generic name for coal tar, while working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is an act of law, permits railroad workers to sue their employers if they are injured on the job. Unlike workers' comp statutes which offer financial compensation regardless of how the injury occurred, FELA requires injured railroad employees prove that their employer's negligence contributed to their injuries.
The FELA also specifies several types of compensation that injured workers could be entitled to. These include medical expenses as well as lost wages, pain and suffering. In addition, if a 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.
FELA claims aren't limited to traumatic brain injuries. They may also be filed in the event of a myriad of other ailments and diseases caused by exposure to toxic chemicals. For instance, a large number of former railroad workers who were conductors, engineers, switchmen, carmen, office staff and machinists are currently suffering from various types of cancer, including mesothelioma. These former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents, chemical solvents, and weed killers.
An experienced attorney at your side can help effectively navigate your FELA claim. In order to be successful, your attorney will need to be familiar with the ins and outs of FELA and other pertinent laws, including Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational disease is a condition or injury that is a consequence of one's work. In contrast to injuries that are traumatic, such as those sustained in workplace accidents or car accidents, many occupational diseases are developed gradually over time. This is due to the constant exposure to toxic chemicals as part of the routine at work.
Many railroad employees are exposed to a range of hazardous chemicals. They are often suffering from chronic illnesses and serious ailments because of it. Some of these conditions may be life-threatening, and require ongoing treatment. There are compensations available to railroad employees who have been injured.
One of the most common diseases is cancer. Numerous studies have been conducted on railroad workers who have cancer. with exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene which is a toxic substance and can cause cancers of the blood. It is found in gasoline, some types of wood preservatives and certain types of tar.
A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked on the railroad for more than 30 years, developed lung cancer as a result of exposure to diesel exhaust and other harmful chemicals while working on the railroad. The worker was exposed to many toxic substances, including creosote that was coated on rail ties. The lawsuit asserts that the railroad company treated rail ties using a "soaking-wet" method, which caused employees to be covered in chemicals from head to foot.
Wrongful Death
Railroad workers are exposed to a variety of cancer-causing chemicals and toxins on their job. Unfortunately, a few of these exposures lead to premature death among workers and their families. If the death of a person is due to the negligence of a railroad company it is possible to file a lawsuit for wrongful deaths. A Pennsylvania railroad injury lawyer will investigate the circumstances that led to the death of your loved one and determine if you are entitled to compensation.
Damick In closing arguments, Damick argued that Brown did not realize that creosote was a cause of AML and that CNW had been aware of the toxicity for a long time. Damick also noted that the CNW was required to provide protective clothing beginning in 1986, but didn't provide protective clothing until it was bought by Union Pacific in 1996.
If the FRA asserts willful misconduct that the railroad has committed, it can be punished and cited and not be compensated for the penalty by its parent company or another institution, such as an union. Congress wanted penalties to be a deterrent for individuals' behavior, and they would be lessened or removed if a railroad or its affiliates, paid for them. If an individual or railroad does not agree to settle penalties or other fine, the FRA will through the Attorney General, bring suit in the appropriate United States district court.
Damages
Rail workers are exposed to carcinogens throughout the day. railroad lawsuits can trigger a range of cancers and chronic illnesses, including lung cancer and mesothelioma. If a railroad employee is diagnosed with one of these ailments, and suspects their condition may be due to exposure while on the job and is unsure, they should speak with an attorney for railroad cancer.
In a recent Illinois case, a jury awarded $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff was employed between 1976 to 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroadties in the course of his work as a maintenance-of-way employee. The jury ruled that his death was caused by long-term exposure to these chemicals and other hazardous materials on the railroad.
While this is a small verdict but it highlights the possibility of substantial damages in a FELA lawsuit. Railroads are liable for the medical expenses along with lost income and other losses that employees suffer in situations like this. A lawyer for railroads with experience can assist victims receive the compensation they deserve.