How to File a Railroad Lawsuit
Compensation may be offered to railroad employees who contract a disease because of their work. A FELA lawyer may help.
Plaintiffs claim that they were exposed to degreasing agents and creosote, the generic name 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 permits railroad workers and their families to sue their employers if they are hurt on the job. As opposed to workers' compensation laws which offer financial compensation regardless of how the injury is caused, FELA requires injured railroad employees prove that their employer's negligent actions caused their injuries.
The FELA also specifies several types of damages that an injured worker may receive. Medical expenses, lost wages and discomfort and pain are all covered. If the victim is suffering 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 variety of other conditions and diseases that result from toxic exposures at work. For instance, many former railroad workers who were engineers, conductors and switchmen, carmen office workers and machinists are now suffering from various types of cancer, including mesothelioma. These former railroad employees have been exposed to asbestos, diesel fumes, silica dust, chemical solvents, and chemical weed killers during their time in the industry.
Having an experienced attorney by your side can assist you to effectively navigate your FELA claim. Your attorney should be well-versed in FELA, as well as other laws that apply to your case. This includes the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational disease is a condition or injury that occurs as a result of one's work. Many occupational diseases are developed slowly over time, in contrast to the traumatic injuries caused by accidents at work or slips and falls. This is due to constant exposure to toxic chemicals that are part of one's daily work routine.
Many railroad employees are exposed to a variety of hazardous chemicals. As a result, they are often suffering from serious illnesses and chronic health problems. Certain of these ailments can be life-threatening, and require ongoing treatment. There are compensations available for railroad workers who are injured.
Cancer is one of the most common diseases. Numerous studies have connected cancer in railroad workers by exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene. It is a poisonous substance that can cause blood cancers. It is present in gasoline and some wood preservatives and some types of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked on the railroad for over 30 years developed lung cancer due to exposure to diesel exhaust and other toxic chemicals while working for the railroad. The employee was exposed to a variety of harmful substances, including creosote coated rail ties. The lawsuit asserts that the railroad used the "soaking wet" method of treating rail ties, which left employees completely covered in the chemical.
Wrongful Death
On the job railroad workers are exposed a wide range of cancer-causing chemicals. Unfortunately, some of these exposures cause premature deaths for workers and their loved ones. If a person is killed prematurely due to the negligence of a railroad, it may be possible to pursue them for wrongful death. An experienced Pennsylvania railroad injury lawyer will investigate the circumstances of the death of a loved one and determine whether you may be entitled to compensation.
Damick in his closing arguments argued that Brown did not realize that creosote was a cause of AML and that CNW had known about the toxicity for years. Damick also argued that the CNW was required to provide protective clothing in 1986, but didn't do so 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 penalized and cited, but cannot be indemnified for that penalty by its parent company or an organization, like an organization for labor. Congress wanted penalties to are a deterrent to individuals' behavior, which would be lessened, if they were not removed, by the possibility of being compensated for by the railroad or its affiliates. If railroad class action lawsuit refuses to settle an amount due to a fine, then the FRA through the Attorney General is able to pursue the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens every day. These carcinogens can cause a variety of cancers and chronic illnesses, including mesothelioma and lung cancer. If an employee has been diagnosed with one of these diseases and suspects their health issue is related to exposure at workplace, they should talk to an experienced lawyer for railroad-related cancer.
In a recent Illinois case, a jury gave $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff was employed between 1976 until 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad tie as part of his duties as a maintenance-of way worker. The jury found that his death was caused by his prolonged exposure to these chemicals and other dangerous materials on the railroad.
While the verdict isn't huge but it highlights the possibility of substantial damages in the event of a FELA lawsuit. Railroads are accountable for medical expenses, lost income and other losses that employees suffer in cases like this. A lawyer for railroads with experience can assist victims get the compensation they deserve.