How to File a Railroad Lawsuit
Compensation is available to railroad workers who develop a disease as a result of their work. A FELA lawyer can help.
Plaintiffs claim that 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 an act that permits railroad workers and their families to sue their employers when they are hurt on the job. class action lawsuit against union pacific railroad 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 impact on their injuries.
The FELA also defines a variety of damages that an injured worker could be entitled to. This includes medical expenses loss of wages, pain and suffering. If the victim suffers a traumatic head injury, they may also be entitled to benefits for permanent disability and total disability in the future, as well as future earnings and companionship loss.
FELA claims aren't limited to brain injuries caused by trauma. They are also filed in the event of various other diseases and conditions triggered by exposure to toxic substances. For instance, many former railroad workers who worked as conductors, engineers, switchmen, carmen, office workers and machinists are currently suffering from various types of cancer, including mesothelioma. The former railroad workers have been exposed to diesel fumes, asbestos silica dust as well as chemical solvents and herbicides throughout their careers.
A FELA attorney with experience can help you navigate your claim successfully. Your attorney must be aware of FELA, as well as other laws that are relevant to your situation. These include the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational disease is a condition or injury that happens as consequence of one's work. Many occupational diseases are developed slowly over time, unlike traumatic injuries such as those that result from accidents in the car or workplace slips and falls. This is due to the constant exposure to toxic chemicals as a part of the daily routine.
Many railroad workers are exposed to a myriad of dangerous chemicals. As a result, they are frequently suffering from serious illness and chronic health problems. Some of these conditions can be life-threatening and require continual treatment. There are compensations for railroad workers who have been injured.
One of the most prevalent 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 toxic chemical and can cause cancers of the blood. It is found in gasoline and some wood preservatives and a variety of tar.
A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked on the railroad for more than 30 years was diagnosed with lung cancer as a result of exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed harmful substances, including creosote coated rail ties. The lawsuit alleges that the railroad company treated rail ties using a "soaking-wet" method, which left workers covered in chemicals from head to toe.
Wrongful Death
While working railroad workers are exposed to an array of cancer-causing chemicals. Unfortunately, some of these exposures lead to premature deaths for workers and their loved ones. If a person's untimely death is due to the negligence of a railroad business it is possible to file a lawsuit for wrongful deaths. A seasoned Pennsylvania railroad injury lawyer can analyze the circumstances surrounding the death of your loved one and determine if you might be entitled to compensation.
Damick In closing arguments, Damick argued that Brown did not know that creosote could cause AML and that CNW was aware of the toxicity for a long time. Damick also pointed out that the CNW was required to provide protective clothing in 1986, but did not until Union Pacific bought it in 1996.
In cases where FRA declares that the railroad was guilty, it can be penalized, cited or fined however its parent company, or a different institution, such as a union, cannot reimburse the railroad for this penalty. Congress was intent on ensuring that penalties can be used to deter individual behavior, and that it would be lessened, if not removed, by the possibility of being compensated for by a railroad or its affiliates. If an individual or railroad refuses to settle an amount of money, the FRA through the Attorney-General will bring suit against the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens every day. These harmful substances can trigger a variety of chronic illnesses and cancers including mesothelioma and lung cancer. If a railroad employee is diagnosed with one of these ailments, and suspects that their condition could be due to exposure on the job and is unsure, they should speak with an attorney who specializes in railroad cancer.
In a recent Illinois case the jury awarded $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 until 2008. He was exposed to creosote-coated railroad tie as part of his job as a maintenance-of way worker. The jury concluded that his death was caused by a long-term exposure to these chemicals, as well as other dangerous materials found on the railroad.
This verdict, while small, shows the potential for substantial damages in a FELA lawsuit. In cases like this, railroads are responsible for medical costs, lost wages and other damages. A railroad cancer lawyer experienced in this field can assist victims receive the justice they deserve.