How to File a Railroad Lawsuit
Compensation may be offered to railroad workers who contract a bacterial disease as a result of their work. Contacting an FELA attorney can help.
Plaintiffs claim that they were exposed to degreasing agents as well as creosote, the generic term for coal tar working for Chicago & North Western Railway Company 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 file lawsuits against their employers if they get injured while working. Contrary to workers' compensation laws that provide financial benefits regardless of how an injury was caused, FELA is a fault-based law which requires railroad employees injured to show that their employer's negligence was an impact on their injuries.
The FELA also defines a variety of damages an injured worker could be entitled to. They include medical expenses as well as lost wages, suffering and pain. If the victim suffers from trauma to the head They may also be entitled to permanent disability benefits and total disability as well as future loss of earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a range of other conditions and diseases that result from toxic exposures at work. Many former railroad workers, for example those who worked as engineers, conductors or switchmen or machinists are now suffering from cancers including mesothelioma. These former railroad employees were exposed to diesel fumes, asbestos silica dust, chemical solvents and weed killers during their careers.
Having an experienced attorney by your side will help you successfully navigate your FELA claim. Your attorney must be well-versed in FELA and other laws that are relevant to your situation. This includes the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational illness is an illness or injury that occurs as a result of one's job. Many occupational diseases develop slowly over time, in contrast to traumatizing injuries like those caused by accidents at work or slips and falls. This is due to continual exposure to harmful chemicals that are a part of the routine of work.
Many railroad employees are exposed to a variety of hazardous chemicals. As a result, they are frequently suffering from serious illnesses and chronic health problems. Certain of these ailments could be life-threatening and require ongoing treatment. Fortunately, there are compensations available for railroad workers injured.
One of the most prevalent illnesses is cancer. Several studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene which is a poisonous substance that can cause cancers of the blood. It can be found in gasoline, certain wood preservatives, and certain types of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years, developed lung cancer due to exposure to diesel exhaust and other toxic chemicals while working at the railroad. The employee was exposed to numerous harmful substances, including creosote coated rail ties. The lawsuit alleges that the railroad company employed the "soaking wet" method of treating rail ties. This resulted in employees covered from head to toe in the chemicals.
Wrongful Death
On the job, railroad employees are exposed various cancer-causing chemicals. Unfortunately some of these exposures lead to premature deaths for workers and their loved ones. If a person dies early because of the negligence of a railroad, it may be possible to bring a lawsuit against them for wrongful deaths. A Pennsylvania railroad injury lawyer can investigate the circumstances that led to your loved one's untimely death and determine if you're entitled to compensation.
In closing arguments, Damick stated that Brown did not know that creosote can cause AML and that the CNW knew about the dangers of this substance for a long time. He also highlighted that the CNW was required to provide protective clothing beginning in 1986, but didn't provide protective clothing until it was acquired by Union Pacific in 1996.
In cases where FRA asserts that the railroad was willful, it can be cited, penalized and fined however its parent company, or any other institution, such as the union, cannot pay the railroad for the penalty. Congress was intent on ensuring that penalties have a deterrent effect on individual behavior that would be reduced, if not eliminated, through the possibility of being paid for by the railroad or its affiliates. If a railroad or an individual refuses to pay a fine, the FRA, through the Attorney-General will take action against the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens throughout the day. These carcinogens can trigger a variety of diseases and cancers, including lung cancer and mesothelioma. If railroad lawsuit settlements is diagnosed with one of these diseases, and suspects that their condition could be due to exposure while on the job, they should consult a railroad cancer attorney.
In a recent trial, an Illinois jury gave $50,000 to the family of a railroad worker who died of mesothelioma. The plaintiff worked between 1976 until 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As a maintenance worker he was exposed to creosote coated railroad ties. The jury determined that his death was caused by his long-term exposure to these chemicals as well as other hazardous materials found on the railroad.
Although this decision is not huge however, it shows the potential for massive damages in a FELA lawsuit. Railroads are accountable for medical expenses as well as lost income and other losses that employees suffer in such cases. A knowledgeable lawyer for railroad cancer can assist victims in obtaining the compensation they deserve.