A Proficient Rant Concerning Railroad Lawsuit Colon Cancer
How to File a Railroad Lawsuit
Railroad workers who contract illnesses or diseases related to exposure to the workplace may be entitled to compensation. Contacting a FELA attorney can help.
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 an act that permits railroad employees and their families to file lawsuits against their employers if they get injured on the job. Unlike workers' comp statutes which provide financial aid regardless of how the injury occurs, FELA requires injured railroad employees to prove that their employer's negligent actions caused their injuries.
The FELA also defines different types of damages workers injured in an accident can claim. Medical expenses, lost wages, and discomfort and pain are all covered. If the victim suffers from head injuries that are traumatic, they may also be eligible for benefits for permanent disability and total disability and future loss of earnings and companionship.
FELA claims aren't limited to brain injuries that are traumatic. They are also made in the event of a number of other ailments and diseases caused by toxic exposures. For instance, a large number of former railroad workers who were engineers, conductors carmen, switchmen machinists and office staff suffer from different kinds of cancers, including mesothelioma. These former railroad employees were exposed to diesel fumes, asbestos silica dust, chemical solvents and chemical weed killers during their time in the industry.
An experienced lawyer on your side can help you get through your FELA claim. Your attorney must be aware of FELA and other laws that pertain to your particular case. These include the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Work-related Diseases
An occupational illness is an illness or injury that develops as a result of one's job. Many occupational diseases are developed slowly over time, unlike traumatizing injuries like those sustained from car accidents 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 broad range of dangerous chemicals while at work. They are often suffering from chronic illness and serious health issues due to this. Certain of these ailments could be life-threatening, and require ongoing treatment. There are compensations available to railroad workers who have been injured.
One of the most frequent diseases is cancer. Numerous studies have linked cancer in railroad workers with exposure to diesel fumes and other chemical hazards. These chemicals include benzene. It is a toxic chemical and can cause cancers of the blood. It is found in gasoline, some kinds of wood preservatives as well as certain kinds of tar.
A lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years was diagnosed with lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed a range of toxic chemicals, including creosote that was coated on rail ties. The lawsuit claims that the railroad company employed a "soaking wet" method of treating rail ties. This resulted in employees covered from head to toe in the chemicals.
Wrongful Death
While on the job railroad workers are exposed various cancer-causing chemicals. Sadly certain exposures cause premature deaths for workers and their loved ones. If a person's untimely death is due to a railroad company's negligence it is possible to file a lawsuit for wrongful deaths. A Pennsylvania railroad injury lawyer can investigate the circumstances that led to the death of a loved one and determine whether you are entitled to compensation.
Damick argued during closing arguments that Brown did not realize that creosote could cause AML, and that CNW had been aware of the toxicity for years. Damick also pointed out that the CNW had to provide protective clothing beginning in 1986, however it 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 the penalty by its parent company or any other institution, such as a labor organization. Congress wanted penalties to could have a deterrent effect on individual behavior, and that it would be lessened, if they were not eliminated, because of the possibility of being paid for by the railroad or its affiliates. If an individual or railroad does not agree to pay an amount of penalty and the FRA will, through the Attorney General take action in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a regular basis and these harmful substances can cause many different types of cancer and chronic diseases including mesothelioma lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If someone is diagnosed with any of these ailments and believes that their condition is the result of exposure at workplace, they should talk to an experienced lawyer for railroad cancer.
In a recent Illinois case, a jury gave $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 until 2008. He was exposed to creosote-coated railroad ties as part of his duties as a maintenance-of-way employee. The jury determined that his death was caused by his long-term exposure to these chemicals and other dangerous materials on the railroad.
union pacific railroad lawsuits , although small, shows the potential for significant damages in a FELA lawsuit. In such cases, railroads are responsible for medical expenses, lost wages and other damages. An experienced lawyer for railroad cancer can help victims seek the compensation they deserve.