A Look Into The Future What Will The Railroad Lawsuit Colon Cancer Industry Look Like In 10 Years?
How to File a Railroad Lawsuit
Compensation may be available for railroad workers who develop a disease due to their job. A FELA lawyer can help.
Plaintiffs claim that they were exposed to degreasing agents and creosote, the 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 that permits railroad workers and their families to file lawsuits against their employers when they are injured while working. Contrary to workers' compensation laws that provide financial benefits regardless of how an injury was caused, FELA is a fault-based law that requires injured railroad employees to prove that their employer's negligence played an impact on their injuries.
The FELA also defines a variety of damages a worker injured can be awarded. Medical expenses, lost wages, and pain and discomfort are all included. In addition, if a victim suffers a traumatic brain injury, he/she could be entitled to permanent and total disability benefits, along with loss of future earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other ailments and diseases caused by exposure to toxic substances at work. Many former railroad workers, like those who worked as conductors, engineers, switchmen carmen, machinists or carmen, are currently suffering from cancers like mesothelioma. Former railroad workers were exposed to diesel fumes, asbestos silica dust as well as chemical solvents and weed killers during their careers.
An experienced attorney at your side can help get through your FELA claim. Your lawyer must be well-versed in FELA, as well as other laws that pertain to your particular case. These include the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
An occupational illness is an injury or illness which develops as a consequence of one's work. union pacific railroad lawsuits develop slowly over time, in contrast to traumatizing injuries like those suffered in car accidents or workplace slips and falls. This is due to the constant exposure to toxic chemicals as part of the daily routine.
Many railroad workers are exposed range of dangerous chemicals at work. They are often suffering from chronic illness and serious ailments as a result. Some of these conditions may be life-threatening and require continuous treatment. Fortunately, there are compensations available to railroad workers who are injured.
Cancer is one of the most frequently diagnosed diseases. Several studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene that is a poisonous substance that can cause blood cancers. It can be found in gasoline and certain wood preservatives and a variety 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, developed lung cancer due to exposure to diesel exhaust and other toxic chemicals when working for the railroad. The employee was exposed to a variety of toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad company treated rail ties with the "soaking-wet" method, which left employees covered in chemicals from head to foot.
Wrongful Death
Railroad workers are exposed to various cancer-causing chemicals and toxins while on their job. Unfortunately certain exposures can cause premature death for workers and their families. If a person dies prematurely due to the negligence of the railroad, it might be possible to sue them for wrongful deaths. A Pennsylvania railroad injury lawyer can investigate the circumstances that led to the death of your loved one and determine if you're entitled to compensation.
Damick argued during closing arguments that Brown did not realize that creosote may cause AML and that CNW was aware of the dangers for a long time. Damick also argued that the CNW was required to provide protective clothing in 1986, but did not do so until it was acquired by Union Pacific in 1996.
In cases where the FRA alleges willfulness that the railroad has committed, it can be cited and penalized, but cannot be indemnified for the penalty by its parent company or another institution like an organization for labor. Congress intended that penalties be a deterrent for individuals' behavior, and they would be lessened or eliminated if a railroad or its affiliates, were to pay for the penalties. If a railroad or an individual refuses to settle an amount due to a fine, then the FRA through the Attorney General, will take action against the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens each day. These carcinogens can trigger a range of diseases and cancers, including mesothelioma and lung cancer. If a worker on the railroad is diagnosed with one of these diseases, and suspects that the condition may be due to exposure while working and they want to consult an attorney for railroad cancer.
In a recent Illinois case in which a jury handed out $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 until 2008. As a maintenance worker, he was exposed to creosote laced railroad ties. The jury concluded that his wrongful death was caused by his long-term exposure to these chemicals as well as other hazardous substances on the railroad.
While the verdict isn't huge but it does show the possibility of substantial damages in the event of a FELA lawsuit. Railroads are liable for the medical expenses along with lost income and other damages suffered by their employees in cases such as this. An experienced railroad cancer lawyer can assist victims in obtaining the compensation they are entitled to.