How to File a Railroad Lawsuit
Compensation may be available to railroad workers who develop a disease due to their job. Contacting a FELA attorney can help.
Plaintiffs claim that they were exposed to degreasing agents as well as creosote, the generic term 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), which is a law, permits railroad workers to sue their employers when they are injured while on the job. Contrary to workers' compensation laws that offer financial compensation irrespective of the manner in which an injury caused, FELA is a fault-based law that requires injured railroad employees to prove that their employer's negligence was a role in their injuries.
The FELA also specifies several types of compensation that injured workers can be awarded. These include medical costs, lost wages and suffering and pain. If the victim suffers from an injury to the head that is traumatic they could also be eligible for benefits for permanent disability and total disability as well as future earnings and loss of companionship.
In addition to a 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, including those who were engineers, conductors or switchmen carmen, machinists or carmen, suffer from cancers such as mesothelioma. These former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents chemical solvents and weedkillers.
A FELA attorney with experience can help you navigate your claim in a successful manner. To win your case, your attorney will need to know the ins and outs of FELA as well as other relevant laws, including Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Work-related Diseases
A workplace illness is a condition or injury that occurs as the result of one's job. Many occupational diseases develop slowly over time, in contrast to traumatizing injuries like those sustained from workplace accidents or car accidents. and falls. This is due to continual exposure to harmful chemicals that are part of the routine of work.
wasatch railroad contractors lawsuit are exposed at work to a myriad of dangerous chemicals. Because of this, they often suffer from serious illness and chronic health issues. Certain of these ailments could be life-threatening and require continuous treatment. Fortunately there are compensation options available for railroad workers injured.
One of the most common illnesses is cancer. Numerous studies have found a link between cancer among railroad workers due to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene which is a poisonous substance that can cause blood cancers as well as other diseases. It is found in gasoline, a few kinds of wood preservatives as well as certain kinds 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 as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a variety of dangerous substances, including creosote-coated rail ties. The lawsuit asserts that the railroad company employed the "soaking wet" method of treating rail ties, which left employees covered from head to toe in the toxic chemicals.
Wrongful Death
On the job railroad workers are exposed to a wide range of cancer-causing chemicals. Sadly, some of these exposures lead to premature deaths for workers and their families. If a person's death is the result of a railroad company's negligence, it is possible to pursue wrongful death claims. A Pennsylvania railroad injury lawyer can look into the circumstances leading to the death of a loved one and determine if you are entitled to compensation.
In the closing argument, Damick stated that Brown was unaware that creosote may cause AML and that the CNW knew about the toxicity of this substance for many years. He also pointed out that the CNW was required to provide protective clothing beginning in 1986, but did not provide protective clothing until it was bought by Union Pacific in 1996.
In cases where the FRA claims willful conduct, the railroad can be punished and cited, but cannot be indemnified for the penalty by its parent company or any other institution, such as an organization for labor. Congress intended that penalties be a deterrent for individuals' behavior, and they would be reduced or eliminated if a railroad or its affiliates, were to pay for the penalties. If a railroad or individual refuses to settle any fine, the FRA through the Attorney-General is able to sue the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens throughout the day. These carcinogens can trigger a variety of chronic illnesses and cancers including lung cancer and mesothelioma. If someone is diagnosed with one of these illnesses and suspects that their condition is the result of exposure at work, they should speak with an experienced lawyer for railroad-related cancer.
In a recent Illinois case in which a jury handed out $50,000 to a railroad family of a worker who died 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 railroad ties as part of his duties as a maintenance worker. The jury ruled that his death was caused by a long-term exposure to these chemicals as well as other dangerous materials found on the railroad.
While this is a small verdict but it does show the potential for massive damages in a FELA lawsuit. In cases like this, railroads are responsible for medical expenses as well as lost wages and other damages. An experienced railroad cancer lawyer could help victims pursue the justice they deserve.