How to File a Railroad Lawsuit
Compensation is available to railroad employees who contract a disease due to their work. Contacting an FELA attorney can help.
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 an act that permits railroad workers and their families to sue their employers if they are injured on the job. Unlike workers' comp statutes which provide financial aid regardless of how an injury is caused, FELA requires injured railroad employees prove that their employer's negligence contributed to their injuries.
The FELA also sets out several different types of damages that an injured worker may be entitled to. They include medical expenses as well as lost wages, pain and suffering. Additionally, if a victim suffers a brain injury, he/she may be entitled to permanent and total disability benefits, as well as loss of 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 that are caused by toxic exposures at work. Many former railroad workers, for example those who worked as conductors, engineers, switchmen, carmen or machinists, are suffering from cancers including mesothelioma. These former railroad employees were exposed to asbestos, diesel fumes silica dust chemical solvents weed killers and chemical solvents.
Having an experienced attorney by your side can help you in navigating 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
An occupational disease is an illness or injury that is the result of one's work. Many occupational diseases develop slowly over time, unlike traumatic injuries such as those that result from workplace accidents or car accidents. and falls. This is because of the constant exposure to toxic chemicals as a part of a daily work routine.
Many railroad workers are exposed to a wide range of dangerous chemicals while working. In the end, they are frequently suffering from serious illnesses and chronic health issues. Certain of these conditions could be life-threatening, and require ongoing care. Fortunately there are compensations available to railroad workers who are injured.
Cancer is among the most frequent diseases. Numerous studies have linked cancer among 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. lawsuits against union pacific railroad is found in gasoline, various types of wood preservatives and certain kinds of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for over 30 years, developed lung cancer as a result of exposure to diesel exhaust and other toxic chemicals when working for the railroad. The employee was exposed to a range of toxic substances, such as creosote coating rail ties. The lawsuit alleges that the railroad company used an "soaking wet" method of treating rail ties, which left employees covered from head to toe in the toxic chemicals.
Wrongful Death
While on the job railroad workers are exposed to an array of cancer-causing chemicals. Sadly certain exposures can cause premature death for employees and their families. If a person dies early due to the negligence of an railroad, it may be possible to bring a lawsuit against them for wrongful deaths. An experienced Pennsylvania railroad injury lawyer will investigate the circumstances of the death of a loved one and determine if you could be entitled to compensation.
Damick made the argument during closing arguments that Brown did not know that creosote was a cause of AML and that CNW was aware of the dangers for years. He also noted that the CNW was required to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.
If the FRA asserts willful misconduct and the railroad is punished and cited, but cannot be indemnified for that penalty by its parent company or another institution, such as an organization for labor. Congress intended for penalties to be a deterrent for individuals' behavior, and they would be reduced or removed if a railroad or its affiliates, paid for them. If an railroad or an individual does not agree to settle any penalty then the FRA will through the Attorney General take action in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens daily and these carcinogens can cause various types of cancer and chronic diseases like mesothelioma, lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If an employee has been diagnosed with one of these diseases and suspects their health issue is related to exposure at work, they should seek advice from 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 passed away from mesothelioma. The plaintiff worked between 1976 until 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad ties as part of his job as a maintenance-of way worker. The jury found that his wrongful death was caused by his long-term exposure to these chemicals as well as other hazardous materials on the railroad.
This verdict, while small but it shows the possibility of significant damages in the event of a FELA suit. Railroads are accountable for medical expenses as well as lost income and other damages that employees suffer in cases such as this. A railroad cancer lawyer who has experience can help victims receive the compensation they deserve.