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How to File a Railroad Lawsuit
Compensation may be available to railroad workers who contract a disease as a result of their work. Contacting a FELA attorney can help.
Plaintiffs claim that they were exposed to degreasing chemicals and creosote, a generic name 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) is an act of law, permits railroad employees to sue their employers if they suffer injuries at work. In contrast to workers' compensation laws that provide financial compensation regardless of the way in which injuries were caused, FELA is a fault-based law that requires injured railroad workers to show that their employer's negligence played an important role in their injuries.
The FELA also provides different types of damages that an injured worker may be entitled to. Medical expenses, lost wages, and discomfort and pain are all covered. In addition, if the victim suffers a brain injury, he/she might be entitled permanent and total disability benefits, as well as loss of future earnings and companionship.
FELA claims aren't restricted to brain injuries caused by trauma. They may also be claimed in the event of various other diseases and conditions triggered by exposure to toxic chemicals. Many former railroad workers, for example engineers, conductors, switchmen carmen, machinists or carmen, suffer from cancers, including mesothelioma. These former railroad employees were exposed to diesel fumes, asbestos, silica dust, chemical solvents and the use of weed killers throughout their careers.
A FELA attorney with experience will assist you in navigating your claim with ease. To be successful your lawyer needs to be aware of the ins and outs of FELA and other pertinent laws, including Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
An occupational disease is a condition or injury that is a the result of one's job. In contrast to injuries that are traumatic such as those incurred in workplace accidents or car falls, many occupational ailments are developed gradually over time. This is due to the constant exposure to harmful chemicals as part of the daily routine.
Many railroad employees are exposed to a range of hazardous chemicals. Because of this, they often suffer from serious illness and chronic health problems. Certain of these conditions could be life-threatening and require ongoing care. There are compensations available to railroad workers who have been injured.
Cancer is one of the most frequent illnesses. Numerous studies have found a link between cancer among railroad workers exposed to diesel fumes and other chemical dangers. asbestos lung cancer lawsuit include benzene which is a poisonous substance that can cause blood cancers as well as other diseases. It is present in gasoline, certain kinds of wood preservatives, and certain kinds of tar.
A lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years was diagnosed with lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed harmful substances, including creosote coated rail ties. The lawsuit asserts that the railroad company treated rail ties using a "soaking-wet" method that left employees covered in chemicals from head to toe.
Wrongful Death
Railroad employees are exposed a variety of cancer-causing chemicals and toxins on the job. Unfortunately, some of these exposures lead to premature deaths among workers and their families. If the death of a person is the result of negligence by a railroad company it is possible to sue for wrongful death. A seasoned Pennsylvania railroad injury lawyer can analyze the circumstances surrounding your loved one's death and determine if you could be legally entitled to compensation.
Damick In closing arguments, Damick argued that Brown did not know that creosote was a cause of AML and that CNW had been aware of the dangers for years. He also pointed out that the CNW was required to provide protective clothing beginning in 1986, but it did not provide protective clothing until it was acquired by Union Pacific in 1996.
In the event that FRA declares that the railroad committed a willful act and obnoxious, it may be penalized, cited, and fined but its parent company, or another institution, like the union, cannot pay the railroad for this penalty. Congress wanted penalties to could have a deterrent effect on individual behavior, and that it would be lessened, if not eliminated, by the possibility of being paid for by the railroad or its affiliates. If an individual or railroad does not accept a settlement of an amount of penalty or other fine, the FRA will, through the Attorney General, sue in the appropriate United States district court.
Damages
Rail workers are exposed to carcinogens all day. These harmful substances can trigger a variety of chronic illnesses and cancers including mesothelioma and lung cancer. If a worker is diagnosed with one of these diseases and suspects their illness is caused by exposure at work, they should speak with an experienced lawyer for railroad-related cancer.
In a recent case an Illinois jury gave $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff worked from 1976 until 2008 for 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 continuous exposure to these chemicals as well as other hazardous materials on the railroad.
Although this decision is not huge, it demonstrates the possibility of substantial damages in a FELA lawsuit. In such cases railroads are accountable for medical costs, lost wages and other damages. A skilled lawyer for railroads can assist victims in obtaining the amount of compensation they're entitled to.