How to File a Railroad Lawsuit
Compensation may be offered to railroad workers who contract a bacterial disease because of their work. Contacting a FELA attorney can assist.
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), a law, allows railroad workers to sue their employers if they suffer injuries during the course of their work. Contrary to the workers' compensation statutes that provide financial benefits regardless of the manner in which an injury caused, FELA is a fault-based law that requires railroad workers injured to prove that their employer's negligence was a role in their injuries.
The FELA also outlines a variety of different types of damages workers injured in an accident can claim. These include medical costs, lost wages and pain and suffering. Additionally, if the victim suffers a traumatic brain injury, he or might be entitled permanent and total disability benefits, along with 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 ailments and diseases caused by exposure to toxic substances at work. For example, many former railroad workers who were conductors, engineers carmen, switchmen, office workers, and machinists are suffering from various forms of cancer, such as mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, weed killers and chemical solvents.
An experienced lawyer on your side can assist you to in navigating your FELA claim. Your attorney should be familiar with FELA, as well as other laws that are relevant to your particular case. These include the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Work-related Diseases
A workplace illness is a disease or injury that happens as consequence of one's work. Many occupational diseases develop slowly over time, unlike the traumatic injuries sustained from accidents at work or slips and falls. This is due to the constant exposure to harmful chemicals as part of the work routine.
Many railroad workers are exposed at work to a variety of hazardous chemicals. They are often suffering from chronic illnesses and serious illnesses because of it. Some of these conditions may be life-threatening and require continual treatment. There are compensations available for railroad workers who are injured.
Cancer is among the most frequent illnesses. Several studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene that is a toxic chemical and can cause blood cancers. It is present in gasoline as well as certain wood preservatives and some types of tar.
A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years was diagnosed with lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a range of toxic chemicals, including creosote that was coated on rail ties. The lawsuit alleges that the railroad company treated rail ties with a "soaking-wet" method, which left workers covered in chemicals from head to foot.
Wrongful Death
While working railroad workers are exposed to various cancer-causing chemicals. Unfortunately some of these exposures result in premature death for workers and their families. If the death of a person is the result of the negligence of a railroad company, it is possible to sue for wrongful death. A knowledgeable Pennsylvania railroad injury lawyer could analyze the circumstances surrounding the death of your loved one and determine if you might be entitled to compensation.
Damick argued during closing arguments that Brown did not know that creosote can cause AML and that CNW had known about the dangers for a long time. He also pointed out that the CNW was required to provide protective clothing starting in 1986, but didn't do so until it was purchased by Union Pacific in 1996.
In the event that the FRA declares willful and the railroad is punished and cited however, it is not able to be compensated for that penalty by its parent company or another institution such as a labor organization. Congress intended for penalties to have a deterrent impact on the conduct of individuals, which could be lessened or eliminated if a railroad or its affiliates, were to pay for them. If an railroad or an individual fails to accept a settlement of any penalty or other fine, the FRA will through the Attorney General file a lawsuit in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a regular basis and these carcinogens can cause a variety of cancer and chronic diseases like mesothelioma, lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a railroad worker is diagnosed with one of these conditions and suspects their condition may be the result of exposure while working and is unsure, they should speak with a railroad cancer attorney.
In a recent case an Illinois jury awarded $50,000 to the family of a railroad worker who died from mesothelioma. The plaintiff worked between 1976 to 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As a maintenance worker, he was exposed for a long time to creosote coated railroad ties. The jury found that his death was caused by his prolonged exposure to these chemicals and other dangerous materials on the railroad.
This verdict, while small it demonstrates the possibility of substantial damages in the event of a FELA suit. csx railroad lawsuit are accountable for medical expenses, lost income and other damages suffered by their employees in situations like this. A skilled lawyer for railroads could help victims pursue the amount of compensation they're entitled to.