How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease due to exposure to work may be eligible for compensation. Contacting an FELA attorney can assist.
Plaintiffs claim they were exposed to degreasing agents and creosote, the generic term for coal tar, while 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 workers to sue their employers if they are injured during the course of their work. Unlike workers' comp statutes which provide financial aid no matter how an injury occurs, FELA requires injured railroad employees prove that their employer's negligent actions caused their injuries.
The FELA also specifies several types of damages an injured worker can be awarded. Medical expenses, lost wages and pain and discomfort are all covered. In addition, if a victim suffers a traumatic brain injury, he or may be entitled to permanent and total disability benefits as well as loss of future earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other conditions and diseases caused by exposure to toxic substances at work. Many former railroad workers, for example those who worked as engineers, conductors, switchmen carmen, machinists or carmen, are suffering from cancers, including mesothelioma. These former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents, chemical solvents, and weed killers.
Having an experienced attorney by your side can help get through your FELA claim. In order to succeed in your case, your attorney will need to be familiar with the ins and outs of FELA as well as other relevant laws, including Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
A occupational illness is a condition or injury that occurs as consequence of one's work. Many occupational diseases develop slowly over time, unlike traumatic injuries such as those suffered in accidents at work or slips and falls. This is due to the constant exposure to toxic chemicals that are a part of the daily routine.
Many railroad workers are exposed at work to a myriad of dangerous chemicals. They are often suffering from chronic illness and serious illness due to this. Certain conditions could be life-threatening and require ongoing treatment. There are compensations available to railroad employees who have been injured.
Railroad Cancer Lawsuit Settlements of the most frequent illnesses is cancer. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene which is a noxious substance that can cause blood cancers and other illnesses. It is present in gasoline and certain wood preservatives and certain types of tar.
A lawsuit brought 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 at the railroad. The employee was exposed to a number of hazardous chemicals, including creosote coating rail ties. The lawsuit asserts that the railroad company treated rail ties using the "soaking-wet" method, which caused employees to be covered in chemicals from head to toe.
Wrongful Death
While working, railroad employees are exposed a wide range of cancer-causing chemicals. Unfortunately, some of these exposures cause premature deaths among employees and their families. If a person's premature death is due to a railroad company's negligence and/or carelessness, they may be able to file a lawsuit for wrongful deaths. An experienced Pennsylvania railroad injury lawyer will analyze the circumstances surrounding your loved one's death and determine whether you may be eligible for compensation.
During closing arguments, Damick claimed that Brown did not know that creosote could cause AML and that the CNW knew about the toxicity of this substance for a long time. Damick also argued that the CNW was required to provide protective clothing starting in 1986, but it did not do so until it was acquired by Union Pacific in 1996.
In the event that FRA declares that the railroad was willful and obnoxious, it may be penalized, cited, and fined however its parent company, or any other institution, such as an union, are not able to compensate the railroad for this penalty. Congress intended that penalties be deterrent to individual behavior. These penalties would be lessened or removed if a railroad or its affiliates, paid for the penalties. If a railroad or individual refuses to pay a fine, 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 chronic illnesses and cancers including mesothelioma and lung cancer. If a worker on the railroad is diagnosed with one of these ailments, and suspects that the condition may be the result of exposure on the job or at work, they should seek out an attorney who specializes in railroad cancer.
In a recent Illinois case, a jury gave $50,000 to a railroad worker's family who died of mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 and 2008. As a maintenance worker, he was exposed for a long time to creosote-coated railroad ties. The jury found that his death was the result of his long-term exposure to these chemicals as well as other dangerous materials on the railroad.
This decision, although small however, demonstrates the potential for substantial damages in the event of a FELA suit. In such cases railroads are accountable for medical costs as well as lost wages and other damages. A lawyer for railroads experienced in this field can assist victims get the compensation they deserve.