How to File a Railroad Lawsuit
Compensation may be available for railroad workers who contract a disease due to their job. Contacting an FELA attorney can assist.
Plaintiffs claim that they were exposed to degreasing agents and creosote, the generic term for coal tar, when working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA), which is a law, permits railroad employees to sue their employers when they suffer injuries at work. Unlike workers' compensation statutes that provide financial benefits regardless of how an injury was caused, FELA is a fault-based law that requires injured railroad workers 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. This includes medical expenses along with lost wages, pain and suffering. In addition, if the victim suffers a brain injury, he/she may be entitled to permanent and total disability benefits, and also loss of future earnings and companionship.
FELA claims are not limited to traumatic brain injuries. They are also filed in the case of a number of other diseases and conditions triggered by exposure to toxic substances. Many former railroad workers, such as those who were engineers, conductors, switchmen or machinists are now suffering from cancers such as mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, chemical solvents and weedkillers.
An experienced lawyer on your side can help you effectively navigate your FELA claim. Your attorney will have to be familiar with FELA and other laws that relate to your particular case. These include the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational disease is an injury or illness that occurs as a result of one's job. Unlike railroad cancer lawsuit like those sustained in car accidents or workplace falls, many occupational diseases develop gradually over time. 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 myriad of dangerous chemicals. As a result, they often suffer from serious illness and chronic health problems. Some of these conditions can be life-threatening and require continual treatment. Fortunately there are compensations to railroad workers who are injured.
Cancer is among the most common illnesses. Several studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene which is a poisonous substance that can cause blood cancers as well as other illnesses. It is present in gasoline, certain wood preservatives, and a few types of tar.
A lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 yrs developed lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed harmful substances, including creosote coated rail ties. The lawsuit claims that the railroad company treated rail ties with the "soaking-wet" method, which caused employees to be covered in chemicals from head to toe.
Wrongful Death
While working railroad workers are exposed a wide range of cancer-causing chemicals. Unfortunately, some of these exposures cause premature deaths for workers and their families. If a person's untimely death is due to the negligence of a railroad business it is possible to bring a lawsuit for wrongful death. A Pennsylvania railroad injury lawyer can look into the circumstances leading to your loved one's untimely death and determine whether you are entitled to compensation.
Damick in his closing arguments argued that Brown did not realize that creosote could cause AML, and that CNW had known about the toxicity for a long time. He also noted that the CNW had to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.
If the FRA declares willful that the railroad has committed, it can be punished and cited and not be compensated for the penalty by its parent company or another institution such as an organization for labor. Congress was intent on ensuring that penalties be a deterrent for individual behavior. These penalties would be lessened or eliminated if a railroad or its affiliates, were to pay for the penalties. If a railroad or an individual refuses to pay an amount of money, the FRA through the Attorney-General, will take action against the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens all day. These carcinogens can trigger a range of chronic illnesses and cancers including lung cancer and mesothelioma. If a railroad employee is diagnosed with one of these illnesses and suspects their condition may be due to exposure on the job or at work, they should seek out an attorney who specializes in railroad cancer.
In a recent case, an Illinois jury gave $50,000 to the family of a railroad worker who passed away from mesothelioma. The plaintiff was employed between 1976 and 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As a maintenance worker, the plaintiff was exposed to creosote-coated railroad tie. The jury determined that his death was caused by his long-term exposure to these chemicals and other hazardous materials found on the railroad.
Although this decision is not huge but it highlights the potential for huge damages in a FELA lawsuit. In such cases railroads are accountable for medical costs as well as lost wages and other damages. An experienced railroad cancer lawyer could help victims pursue the compensation they deserve.