How to File a Railroad Lawsuit
Compensation may be offered to railroad employees who contract a disease as a result of their work. A FELA lawyer can be of assistance.
Plaintiffs claim they were exposed to creosote (the generic name for coal tar) and degreasing solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is a law that permits railroad workers and their families to sue their employers if they get injured while working. Contrary to the workers' compensation laws which provide financial aid no matter how an injury occurs, FELA requires injured railroad employees to prove that their employer's negligent actions contributed to their injuries.
The FELA also defines different types of damages that workers injured in an accident can claim. Medical expenses, lost wages and pain and discomfort are all covered. In addition, if the victim suffers a brain injury, he/she could be entitled to permanent and total disability benefits and also loss of future earnings and loss of companionship.
In addition to a brain injury, FELA claims can also be filed for a range of other diseases and conditions that result from toxic exposures at work. For example, many former railroad workers who worked as engineers, conductors, switchmen, carmen, office workers and machinists are currently suffering from various kinds of cancers, including mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos silica dust chemical solvents, chemical solvents and weed killers.
An experienced lawyer on your side can help in navigating your FELA claim. In order to be successful in your case your attorney needs to know the ins & outs of FELA and other relevant laws, including Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
An occupational illness is an injury or illness which develops as a consequence of one's job. In contrast to injuries that are traumatic such as those incurred in workplace accidents or car falls, many occupational diseases are developed gradually over time. This is because of the constant exposure to toxic chemicals as part of a daily work routine.
Many railroad workers are exposed to a diverse variety of hazardous chemicals at work. They are often suffering from chronic illnesses and serious ailments due to this. Some of these conditions can be life-threatening and require continual treatment. Fortunately there are compensation options available for injured railroad workers.
One of the most commonly reported ailments is cancer. Numerous studies have linked cancer among 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 as well as other illnesses. railroad lawsuits is found in gasoline, a few kinds of wood preservatives, and certain kinds of tar.
A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked for the railroad for over 30 years, developed lung cancer as a result of exposure to diesel exhaust and other toxic chemicals while working for the railroad. The employee was exposed to a variety of hazardous substances, including creosote-coated rail ties. The lawsuit alleges that the railroad used a "soaking wet" method of treating rail ties, which left employees covered from head to toe in the chemicals.
Wrongful Death
While on the job railroad workers are exposed to various cancer-causing chemicals. Unfortunately some of these exposures cause premature deaths for employees and their loved ones. If a person's premature death is the result of the negligence of a railroad business it is possible to bring a lawsuit for wrongful death. A seasoned Pennsylvania railroad injury lawyer could examine the circumstances of the death of your loved ones and determine if you could be entitled to compensation.
In closing arguments, Damick stated that Brown did not know that creosote could cause AML and that the CNW was aware of the dangers of this substance for a long time. Damick also pointed out that the CNW had to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.
In cases where the FRA claims willful conduct and the railroad is cited and penalized, but cannot be indemnified for that penalty by its parent company, or by another institution, such as an organization for labor. Congress was intent on ensuring that penalties have a deterrent impact on individual behavior. These penalties would be reduced or eliminated if the railroad, or its affiliates, paid for the penalties. In the unlikely event that an railroad or individual doesn't agree to pay penalties, the FRA will, through the Attorney General, sue in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a daily basis and these carcinogens can cause many different types of cancers and chronic illnesses including mesothelioma, lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If a railway worker is diagnosed with any of these diseases, and suspects that their condition could be due to exposure while working, they should consult an attorney who specializes in railroad cancer.
In a recent case an Illinois jury awarded $50,000 to the family of a railroad worker who passed away from mesothelioma. The plaintiff worked from 1976 and 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. He was exposed to creosote coated railroad ties as part of his job as a maintenance worker. The jury found that his wrongful death was the result of his long-term exposure to these chemicals and other hazardous materials on the railroad.
While this verdict is small however, it shows the potential for huge damages in the event of a FELA lawsuit. In these cases railroads are accountable for medical expenses along with lost wages and other damages. A railroad cancer lawyer with experience can assist victims receive the justice they deserve.