A Provocative Rant About Railroad Lawsuit Colon Cancer

How to File a Railroad Lawsuit

Railroad workers who develop an illness or disease due to their work can be entitled to compensation. A FELA lawyer can help.

Plaintiffs claim that they were exposed to degreasing substances 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 a law that allows railroad workers and their families to file lawsuits against their employers if they get injured on the job. Unlike workers' compensation statutes that provide financial benefits regardless of how the injury caused, FELA is a fault-based law which requires railroad employees injured to prove that their employer's negligence played the role in their injuries.

The FELA also outlines a variety of compensation that injured workers can receive. Medical expenses, lost wages, and pain and discomfort are all included. If class action lawsuit against union pacific railroad suffers from an injury to the head that is traumatic, they may also be eligible for benefits for permanent disability and total disability, as well as future earnings and loss of companionship.

FELA claims aren't restricted to brain injuries that are traumatic. They are also claimed in the event of a myriad of other diseases and conditions triggered by exposure to toxic chemicals. Many former railroad workers, such as engineers, conductors or switchmen, carmen or machinists, are now suffering from cancers such as mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos silica dust, chemical solvents, and weed killers during their careers.

A FELA lawyer with experience can help you navigate your claim successfully. Your attorney will have to be knowledgeable about FELA and other laws that apply to your situation. These include the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.

Occupational Diseases

A workplace disease is a condition or injury that happens as an outcome of a person's job. As opposed to injuries that are traumatizing such as those incurred in car accidents or workplace falls, many occupational diseases develop gradually over time. This is due to continual exposure to harmful chemicals that are part of the daily routine at work.

Many railroad workers are exposed to a myriad of dangerous chemicals. This is why they are often suffering from serious illnesses and chronic health problems. Certain conditions could be life-threatening and require ongoing treatment. Fortunately, there are compensations available to railroad workers who are injured.

One of the most frequent diseases is cancer. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene, which is a noxious substance that can cause blood cancers and other diseases. It is present in gasoline and certain wood preservatives and a variety 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 worker was exposed to many dangerous substances, including creosote-coated rail ties. The lawsuit claims that the railroad company used an "soaking wet" method of treating rail ties, which left employees covered from head to toe with the chemicals.

Wrongful Death

On the job, railroad employees are exposed various cancer-causing chemicals. Unfortunately, a few of these exposures result in premature deaths among the workers and their families. If the death of a person is due to negligence by a railroad company or omission, it's possible to bring a lawsuit for wrongful death. An experienced Pennsylvania railroad injury lawyer can analyze the circumstances surrounding your loved one's death and determine if you might be legally entitled to compensation.

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

In the event that FRA alleges that the railroad was willful and willful, it may be penalized, cited or fined, but its parent company, or another institution, such as a union, cannot reimburse the railroad for this penalty. Congress believed that penalties should have a deterrent effect on the conduct of individuals that could be lessened, if not eliminated, by the possibility of being compensated for by the railroad or its affiliates. If a railroad refuses to pay an amount of money, the FRA, through the Attorney-General is able to bring suit against the appropriate United States District Court.

Damages

Railroad workers are exposed carcinogens every day and these toxic substances can cause a variety of cancers and chronic illnesses including mesothelioma, lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If a worker on the railroad is diagnosed with one of these ailments, and suspects that their condition could be the result of exposure while working and they want to consult a railroad cancer attorney.

In a recent Illinois case the jury awarded $50,000 to a railway family member who passed away from mesothelioma. The plaintiff worked from 1976 until 2008 for Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad tie as part of his job as a maintenance-of way worker. The jury found that his death was the result of long-term exposure to these chemicals as well as other hazardous materials on the railroad.

While the verdict isn't huge but it does show the potential for massive damages in a FELA lawsuit. In these cases railroads are accountable for medical expenses as well as lost wages and other damages. A railroad cancer lawyer experienced in this field can assist victims receive the compensation they are entitled to.