How to File a Railroad Lawsuit

Railroad workers who develop an illness or disease due to occupational exposure may be entitled to compensation. A FELA lawyer could help.

Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.

FELA

The Federal Employers' Liability Act (FELA), the law that allows railroad employees to sue their employers when they are injured at work. As opposed to workers' compensation laws which offer financial compensation regardless of how an injury occurred, FELA requires injured railroad employees to prove that their employer's negligence caused their injuries.

The FELA also outlines a variety of compensation that injured workers can be awarded. These include medical costs, lost wages and pain and suffering. Additionally, if the victim suffers a brain injury, he or may be entitled to permanent and total disability benefits and also loss of future earnings and companionship.

FELA claims aren't restricted to traumatic brain injuries. They may also be claimed in the event of a variety of other diseases and conditions triggered by exposure to toxic chemicals. Many former railroad workers, blacklands railroad lawsuit such as those who were engineers, conductors or switchmen or machinists are now suffering from cancers like mesothelioma. 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 you effectively navigate your FELA claim. 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

A workplace-related disease is a sickness or injury that happens as a result if one's occupation. Many occupational diseases are developed slowly over time, unlike traumatizing injuries, such as those that result from car accidents or workplace slips and falls. This is due to constant exposure to harmful chemicals that are a part of the routine of work.

Many railroad employees are exposed to a myriad of dangerous chemicals. Because of this, they are often suffering from serious illness and chronic health problems. Some of these conditions can be life-threatening and require ongoing treatment. Fortunately there are compensations available for railroad workers who have been injured.

One of the most prevalent ailments is cancer. Numerous studies have linked cancer in railroad workers due to exposure to diesel fumes and other chemical dangers. These chemicals include benzene. It is a toxic chemical and can cause cancers of the blood. It is present in gasoline, certain kinds of wood preservatives and certain types of tar.

A lawsuit filed lawsuits against union pacific railroad CNW Union Pacific alleged a former railroad employee who worked for the railroad for Blacklands Railroad lawsuit more than 30 years was diagnosed with lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The worker was exposed to many toxic substances, including creosote that was coated on rail ties. The class action lawsuit against railroads alleges that the railroad company treated rail ties with the "soaking-wet" method that exposed employees to chemicals from head to toe.

Wrongful Death

While working Blacklands Railroad Lawsuit workers are exposed various cancer-causing chemicals. Unfortunately some of these exposures result in premature death for employees and their loved ones. If a person's untimely death is the result of the negligence of a railroad business and/or carelessness, they may be able to pursue wrongful death claims. A seasoned Pennsylvania railroad lawsuit settlements injury lawyer can look into the circumstances that led to the death of a loved one and determine if you may be legally entitled to compensation.

Damick In closing arguments, Damick argued that Brown did not realize that creosote was a cause of AML, and that CNW knew about the dangers for years. He also noted that the CNW was required to provide protective clothing beginning in 1986, but didn't until Union Pacific bought it in 1996.

If the FRA alleges willfulness or willful conduct, the railroad could be cited and penalized, but cannot be indemnified for that penalty by its parent company or any other institution like a labor organization. Congress wanted penalties to have a deterrent effect on the conduct of individuals, which could be reduced or removed if a railroad or its affiliates, were to pay for the penalties. In the event that an railroad or individual doesn't accept a settlement of penalties and the FRA will, through the Attorney General bring suit in the appropriate United States district court.

Damages

Rail workers are exposed to carcinogens all day. These carcinogens can trigger a variety of chronic illnesses and cancers, including mesothelioma and lung cancer. If a railroad employee is diagnosed with any of these conditions and suspects that the condition may be the result of exposure while on the job, they should consult an attorney who specializes in railroad cancer.

In a recent trial, an Illinois jury awarded $50,000 to the family of a railroad worker who passed away from mesothelioma. The plaintiff worked from 1976 until 2008 for Chicago & North Western Railway and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad tie as part of his job as a maintenance-of-way employee. The jury found that his wrongful death was caused by his continuous exposure to these chemicals and other hazardous substances on the csx railroad lawsuit.

The verdict, though small it demonstrates the possibility of significant damages in a FELA lawsuit. In cases like this, railroads are responsible for medical expenses as well as lost wages and other damages. A railroad cancer lawyer experienced in this field can assist victims get the justice they deserve.