How to File a Railroad Lawsuit
Compensation may be available for railroad workers who contract a disease because of their work. Contacting an FELA attorney can help.
Plaintiffs claim they were exposed to degreasing chemicals and creosote, a generic name 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) is a law, allows railroad workers to sue their employers if they suffer injuries while on the job. Unlike workers' comp statutes that provide financial compensation regardless of how the injury was caused, FELA requires injured railroad employees prove that their employer's negligence contributed to their injuries.
The FELA also defines a variety of damages an injured worker could be entitled to. These include medical expenses along with lost wages, pain and suffering. Additionally, if a victim suffers a brain injury, he/she may be entitled to permanent and total disability benefits, in addition to loss of future earnings and loss of companionship.
FELA claims aren't limited to brain injuries that are traumatic. They are also made in the event of a number of other diseases and conditions triggered by exposure to toxic substances. Many former railroad workers, such as those who worked as engineers, conductors or switchmen, carmen or machinists, are suffering from cancers like mesothelioma. Former railroad workers were exposed to diesel fumes, asbestos silica dust and chemical solvents, and herbicides throughout their careers.
An experienced attorney at your side can help get through your FELA claim. Your attorney will have to be knowledgeable about FELA, as well as other laws that apply to your situation. This includes the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Work-related Diseases
A workplace illness is a condition or injury that occurs as the result of one's job. Contrary to traumatic injuries like those sustained in workplace accidents or car falls, many occupational diseases progress slowly over time. This is due to continual exposure to toxic chemicals that are a part of the daily routine at work.
Many railroad workers are exposed to a broad range of hazardous chemicals at work. Because of this, they are frequently suffering from serious illnesses and chronic health issues. Certain conditions may be life-threatening and require ongoing care. There are compensations available for railroad workers who have been injured.
Cancer is one of the most frequently diagnosed diseases. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene, which is a poisonous substance that can cause blood cancers and other diseases. It is present in gasoline and 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 years, developed lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad company treated rail ties using the "soaking-wet" method, which exposed employees to chemicals from head to toe.
Wrongful Death
While on the job, railroad employees are exposed various cancer-causing chemicals. Sadly some of these exposures cause premature deaths for workers and their families. If a person's premature death is due to the negligence of a railroad business it is possible to pursue wrongful death claims. railroad lawsuits experienced Pennsylvania railroad injury attorney could look into the circumstances that led to the death of a loved one and determine whether you may be eligible for compensation.
Damick argued during closing arguments that Brown did not realize that creosote could cause AML and that CNW knew about the toxicity for years. Damick also pointed out that the CNW was required to provide protective clothing in 1986, but didn't until Union Pacific bought it in 1996.
If the FRA claims willful conduct, the railroad can be punished and cited, but cannot be indemnified for the penalty by its parent company or any other institution, such as an union. Congress wanted penalties to be a deterrent for individual behavior, which would be lessened or removed if a railroad or its affiliates, were to pay for the penalties. In the event that an individual or railroad does not agree to settle a penalty then the FRA will, through the Attorney General, take action in the appropriate United States district court.
Damages
Railroad workers are exposed to carcinogens on a daily basis and these toxic substances can cause many different types 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 that their condition could be due to exposure to carcinogens on the job and they want to consult 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 died of mesothelioma. The plaintiff was employed between 1976 to 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad tie in the course of his job as a maintenance-of-way worker. The jury concluded that his wrongful death was the result of his long-term exposure to these chemicals as well as other hazardous materials found on the railroad.
While this is a small verdict but it does show the potential for huge damages in a FELA lawsuit. Railroads are liable for the medical expenses as well as lost income and other losses suffered by their employees in situations like this. A railroad cancer lawyer who has experience can help victims receive the compensation they are entitled to.