How to File a Railroad Lawsuit
Railroad workers who develop illnesses or diseases related to occupational exposure may be entitled to compensation. Contacting a FELA attorney can assist.
Plaintiffs claim that they were exposed to degreasing chemicals and creosote, a generic name for coal tar, when 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 suffer injuries at work. In contrast to workers' compensation statutes that provide financial compensation no matter how an injury occurs, FELA requires injured railroad employees prove that their employer's negligence contributed to their injuries.
The FELA also sets out several different types of damages that workers injured in an accident can claim. These include medical expenses along with lost wages, suffering and pain. Additionally, if a victim suffers a traumatic brain injury, he/she could be entitled to permanent and total disability benefits, along with loss of future earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a range of other ailments and diseases that are caused by toxic exposures at work. For example, many former railroad workers who worked as engineers, conductors and switchmen, carmen machinists and office staff are now suffering from various forms of cancer, such as mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos silica dust chemical solvents chemical solvents, and weed killers.
An experienced attorney at your side can help you get through your FELA claim. Your attorney must be knowledgeable about FELA, as well as other laws that apply to your particular case. This includes the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.
Work-related Diseases
A occupational disease is a sickness or injury that happens as 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 because of the constant exposure to toxic chemicals as a part of the work routine.
Many railroad workers are exposed to a variety of hazardous chemicals. As a result, they are often suffering from serious illnesses and chronic health issues. Certain of these ailments could be life-threatening and require continual treatment. Fortunately there are compensations for railroad workers injured.
Cancer is one of the most frequently diagnosed diseases. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene which is a toxic chemical and can cause blood cancers. It is found in gasoline, a few types of wood preservatives and certain types of tar.
A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked for the railroad for over 30 years developed lung cancer as a result of exposure to diesel exhaust and other toxic chemicals while working at the railroad. The employee was exposed to a number of harmful substances, including creosote-coated rail ties. The lawsuit asserts that the railroad company treated rail ties using a "soaking-wet" method, which left workers covered in chemicals from head to toe.
Wrongful Death
While on the job, railroad employees are exposed many cancer-causing chemicals. Sadly, Railroad Cancer Lawsuit Settlements of these exposures can cause premature death for workers and their loved ones. If the death of a person is due to the negligence of a railroad company and/or carelessness, they may be able to file a lawsuit for wrongful deaths. A Pennsylvania railroad injury lawyer could examine the circumstances surrounding the death of your loved one and determine if you're entitled to compensation.
Damick made the argument during closing arguments that Brown did not know that creosote may cause AML, and that CNW was aware of the toxicity for a long time. He also pointed out that the CNW was required to provide protective clothing in 1986, but did not provide protective clothing until it was acquired by Union Pacific in 1996.
In the event that the FRA claims willful conduct that the railroad has committed, it can be cited and penalized however, it is not able to be compensated for that penalty by its parent company or an organization, like a labor organization. Congress intended for penalties to be deterrent to individual behavior. These penalties would be reduced or removed if a railroad or its affiliates, paid for them. If a railroad or an individual refuses to settle any fine, the FRA, through the Attorney-General will take action against the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens every day. These carcinogens can trigger a range of diseases and cancers, including mesothelioma and lung cancer. If an employee has been diagnosed with any of these ailments and suspects that their illness is caused by exposure at workplace, they should talk to an experienced attorney for railroad cancer.
In a recent case an Illinois jury awarded $50,000 to the family of a railroad worker who died from mesothelioma. The plaintiff worked between 1976 and 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, as well as other dangerous materials on the railroad.
While the verdict isn't huge however, it shows the potential for massive damages in the event of a FELA lawsuit. In cases like this railroads are accountable for medical costs in addition to lost wages, among other damages. A skilled lawyer for railroads could help victims pursue the amount of compensation they're entitled to.