How to File a Railroad Lawsuit
Compensation may be available for railroad workers who contract a disease due to their job. A FELA lawyer can be of assistance.
Plaintiffs claim 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) is a law that allows railroad employees and their families to sue their employers if they get hurt on the job. Unlike workers' comp statutes which offer financial compensation regardless of how an injury occurs, FELA requires injured railroad employees prove that their employer's negligent actions caused their injuries.
The FELA also provides a variety of damages that an injured worker could be entitled to. Medical expenses, lost wages and discomfort and pain are all included. If the victim suffers trauma to the head they could also be eligible for benefits for permanent disability and total disability and future earnings and loss of companionship.
In addition to a traumatic brain injury, FELA claims can also be filed for a variety of other diseases and conditions which result from exposure to toxic substances at work. union pacific railroad lawsuit , for example conductors, engineers, switchmen carmen, machinists or carmen, are currently suffering from cancers including mesothelioma. These former railroad employees were exposed to asbestos, diesel fumes, silica dust, chemical solvents and herbicides throughout their careers.
An experienced lawyer on your side can assist you to successfully navigate your FELA claim. In order to win your case your lawyer will need to be aware of the ins and outs of FELA and other relevant laws like Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
A workplace illness is a condition or injury that occurs as consequence of one's work. Contrary to traumatic injuries like those sustained in workplace accidents or car falls, many occupational ailments are developed gradually over time. This is because of the constant exposure to toxic chemicals that are a part of a daily work routine.
Many railroad workers are exposed at work to a range of hazardous chemicals. As a result, 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 injured railroad workers.
Cancer is among the most common illnesses. Numerous studies have linked cancer among railroad workers to 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, various kinds 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 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 chemicals, including creosote coated rail ties. The lawsuit alleges that the railroad company treated rail ties using a "soaking-wet" method, which left employees covered in chemicals from head to foot.
Wrongful Death
On the job, railroad employees are exposed a wide range of 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 sue for wrongful death. A Pennsylvania railroad injury lawyer will look into the circumstances leading to the untimely death of your loved ones and determine if you're entitled to compensation.
In the closing argument, Damick stated that Brown was not aware that creosote could cause AML and that the CNW was aware of the toxicity of this chemical for a number of years. Damick also argued that the CNW was required to provide protective clothing in 1986, but it did not do so until it was purchased by Union Pacific in 1996.
In the event that FRA claims that the railroad was willful, it can be cited, penalized and fined but its parent company, or another institution, like a union, is not able to reimburse the railroad for the penalty. Congress believed that penalties should have a deterrent effect on individual behavior, and that it would be lessened, if not eliminated, through the possibility of being compensated for by a railroad or its affiliates. In the unlikely event that an railroad or an individual does not agree to settle a penalty then the FRA will through the Attorney General, sue in the appropriate United States district court.
Damages
Railroad workers are exposed to carcinogens every day and these toxic substances can cause various types of cancers and chronic illnesses including mesothelioma lung cancer, esophageal cancer, and non-Hodgkin's lymphoma. If a worker on the railroad is diagnosed with any of these diseases, and suspects that their condition could be due to exposure while on the job or at work, they should seek out 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 died of mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 to 2008. As a maintenance employee, the plaintiff was exposed to creosote laced railroad ties. The jury found that his death was caused by long-term exposure to these chemicals and other dangerous materials found on the railroad.
While this verdict is small but it does show the potential for substantial damages in a FELA lawsuit. Railroads are responsible for medical expenses along with lost income and other damages that employees suffer in cases such as this. An experienced lawyer for railroad cancer can assist victims in obtaining the compensation they deserve.