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How to File a Railroad Lawsuit

Railroad workers who develop illnesses or diseases related to exposure to the workplace may be eligible for compensation. A FELA lawyer can assist.

Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) as well as degreasing and cleaning 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 allows railroad employees and their families to file lawsuits against their employers if they are hurt on the job. In contrast to workers' compensation laws that provide financial compensation regardless of the manner in which an injury caused, FELA is a fault-based law that requires railroad workers injured to prove that their employer's negligence was an impact on their injuries.

The FELA also provides different types of damages that an injured worker could be awarded. Medical expenses, lost wages, and pain and discomfort are all included. If the victim suffers from an injury to the head that is traumatic or head injury, they may be entitled to benefits for permanent disability and total disability, as well as future loss of earnings and companionship.

FELA claims aren't restricted to traumatic brain injuries. They may also be claimed in the event of a variety of other conditions and illnesses caused by toxic exposures. For instance, a large number of former railroad workers who worked as engineers, conductors and switchmen, carmen office workers and machinists are now suffering from various kinds of cancers, including mesothelioma. The former railroad workers have been exposed to asbestos, diesel fumes, silica dust, chemical solvents, and chemical weed killers during their time in the industry.

A FELA lawyer with experience can help you navigate your claim successfully. Your attorney will have to be familiar with FELA and other laws that pertain to your situation. This includes the Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.

Occupational Diseases

An occupational disease is a condition or injury that develops as a result of one's job. As opposed to injuries that are traumatizing like those that occur in workplace accidents or car falls, many occupational diseases develop gradually over time. This is due to the constant exposure to toxic chemicals that are a part of a daily work routine.

Many railroad workers are exposed to a broad range of dangerous chemicals at work. Because of this, they are frequently suffering from serious illnesses and chronic health problems. Some of these conditions can be life-threatening, and require ongoing treatment. Fortunately there are compensations available for railroad workers injured.

One of the most commonly reported illnesses is cancer. Numerous studies have been conducted on railroad workers who have cancer. exposed to diesel fumes and other chemical hazards. These chemicals include benzene. class action lawsuit against norfolk southern railroad is a poisonous substance that can cause blood cancers. It is present in gasoline, certain kinds of wood preservatives as well as certain types of tar.

A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years was diagnosed with lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed a variety of dangerous substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad company treated rail ties with the "soaking-wet" method that left employees covered in chemicals from head to toe.

Wrongful Death

On the job railroad workers are exposed to a wide range of cancer-causing chemicals. Sadly some of these exposures lead to premature deaths for employees and their loved ones. If a person dies early due to the negligence of the railroad, it might be possible to bring a lawsuit against them for wrongful deaths. A Pennsylvania railroad injury lawyer will examine the circumstances surrounding the death of your loved one and determine if you're entitled to compensation.

Damick in his closing arguments argued that Brown did not know that creosote may cause AML and that CNW had been aware of the dangers for a long time. Damick also pointed out that the CNW had to provide protective clothing starting in 1986, but didn't until Union Pacific bought it in 1996.

In the event that FRA declares that the railroad was willful, it can be penalized, cited or fined, but its parent company, or another institution, like the union, cannot pay the railroad for the penalty. Congress believed that penalties should have a deterrent effect on individuals' behavior, which would be lessened, if not eliminated, because of the possibility of being compensated for by a railroad or its affiliates. In the event that an railroad or an individual fails to agree to pay any penalty and the FRA will, through the Attorney General take action in the appropriate United States district court.

Damages

Rail workers are exposed to carcinogens all day. These carcinogens can cause a variety of cancers and chronic illnesses, including lung cancer and mesothelioma. If a railroad worker is diagnosed with one of these diseases, and suspects their condition may be the result of exposure to carcinogens on the job and they want to consult an attorney for railroad cancer.

In a recent case an Illinois jury awarded $50,000 to the family of a railroad employee who passed away from mesothelioma. The plaintiff worked between 1976 to 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroadties in the course of his work as a maintenance-of-way employee. The jury determined that his wrongful death was caused by his prolonged exposure to these chemicals as well as other dangerous materials on the railroad.

This decision, although small it demonstrates the possibility of substantial damages in the event of a FELA lawsuit. In such cases railroads are accountable for medical expenses, lost wages and other damages. A skilled lawyer for railroads could help victims pursue the compensation they are entitled to.