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How to File a Railroad Lawsuit

Railroad workers who contract an illness or disease due to their work can be eligible for compensation. Contacting a FELA attorney can help.

Plaintiffs claim they were exposed to degreasing agents as well as creosote, the 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 an act that permits railroad workers and their families to file lawsuits against their employers if they get injured while working. In contrast to workers' compensation statutes which offer financial compensation regardless of the way in which an injury occurs, FELA requires injured railroad employees to prove that their employer's negligent actions contributed to their injuries.

The FELA also provides different types of damages that an injured worker can receive. These include medical costs loss of wages, suffering and pain. If the victim suffers from head injuries that are traumatic they could also be entitled to permanent disability benefits and total disability as well as future earnings and companionship loss.

FELA claims aren't restricted to brain injuries caused by trauma. They are also made in the event of a number of other ailments and diseases caused by toxic exposures. Many former railroad workers, for example those who were engineers, conductors, switchmen or machinists are suffering from cancers, including mesothelioma. These former railroad workers have been exposed to diesel fumes, asbestos silica dust and chemical solvents and the use of weed killers throughout their careers.

Having an experienced attorney by your side can help you effectively navigate your FELA claim. To be successful your attorney needs to know the ins and outs of FELA as well as other relevant laws such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.

Work-related Diseases

An occupational disease 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 car accidents or workplace falls, many occupational ailments progress slowly over time. This is due to the constant exposure to toxic chemicals that are a part of the daily routine.

Many railroad workers are exposed to a broad range of dangerous chemicals while at work. As a result, they are often suffering from serious illness and chronic health problems. Certain conditions could be life-threatening, and require ongoing treatment. There are compensations available to railroad employees who have been injured.

One of the most frequent ailments is cancer. Several studies have linked cancer among railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene that is a poisonous substance that can cause cancers of the blood. It can be found in gasoline and certain wood preservatives and a few types of tar.

A lawsuit filed 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 toxic chemicals while working at the railroad. railroad lawsuits was exposed a number of harmful substances, including creosote coated rail ties. The lawsuit asserts that the railroad company used the "soaking wet" method of treating rail ties, leaving employees completely covered in the toxic chemicals.

Wrongful Death

On the job, railroad employees are exposed many cancer-causing chemicals. Sadly some of these exposures can cause premature death for workers and their families. If a person's premature death is due to a railroad company's negligence, it is possible to file a lawsuit for wrongful deaths. A Pennsylvania railroad injury lawyer could analyze the circumstances that led to the death of your loved one and determine whether you are entitled to compensation.

In closing arguments Damick stated that Brown was not aware that creosote could cause AML and that the CNW was aware of the dangers of this substance for years. He also pointed out that the CNW was required to provide protective clothing starting in 1986, but it did not provide protective clothing until it was acquired by Union Pacific in 1996.

In the event that the FRA asserts willful misconduct that the railroad has committed, it can be cited and penalized, but cannot be indemnified for that penalty by its parent company, or by another institution such as an organization for workers. Congress believed that penalties should have a deterrent effect on individual behavior that would be lessened, if they were not eliminated, by the possibility of being compensated for by a railroad or its affiliates. If a railroad refuses to pay an amount due to a fine, then the FRA through the Attorney General is able to sue the appropriate United States District Court.

Damages

Rail workers are exposed to carcinogens every day. These toxic substances can cause a variety of cancers and chronic illnesses, including mesothelioma and lung cancer. If someone is diagnosed with any of these ailments and suspects that their health issue is related to exposure at work, they should consult an experienced railroad cancer attorney.

In a recent Illinois case the jury handed out $50,000 to a railroad worker's family who died of mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 between 1976 and 2008. He was exposed to creosote-coated railroadties as part of his job as a maintenance worker. The jury determined that his death was caused by his continuous exposure to these chemicals and other hazardous materials on the railroad.

While the verdict isn't huge, it demonstrates the possibility of substantial damages in the event of a FELA lawsuit. Railroads are responsible for medical expenses in addition to lost income, and other damages suffered by their employees in cases such as this. A lawyer for railroads with experience can assist victims get the amount of compensation they deserve.