Where Will Railroad Lawsuit Colon Cancer Be One Year From Now?

How to File a Railroad Lawsuit

Compensation is available to railroad workers who develop a disease due to their work. A FELA lawyer could be of assistance.

union pacific railroad lawsuits claim that they were exposed to degreasing substances and creosote, the generic term 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 are injured while working. Contrary to workers' compensation laws that provide financial benefits regardless of the manner in which an injury caused, FELA is a fault-based law which requires railroad employees injured to show that their employer's negligence was a role in their injuries.

The FELA also specifies several types of damages an injured worker could be entitled to. They include medical expenses, lost wages and suffering and pain. Additionally, if the victim suffers a traumatic brain injury, he or might be entitled permanent and total disability benefits as well as loss of future earnings and companionship.

In addition to a brain injury, FELA claims can also be filed for a range of other ailments and diseases that result from toxic exposures at work. Many former railroad workers, such as those who were engineers, conductors or switchmen carmen, machinists or carmen, are suffering from cancers such as mesothelioma. These former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents, chemical solvents and weedkillers.

Having an experienced attorney by your side can assist you to in navigating your FELA claim. To succeed in your case, your attorney will need to be familiar with the ins and outs of FELA and other pertinent laws like Occupational Safety and Health Administration regulations and the Boiler Inspection Act.

Work-related Diseases

An occupational illness is a disease or injury that occurs as a result if one's occupation. Many occupational diseases develop slowly over time, unlike the traumatic injuries that result from accidents at work or slips and falls. This is because of the constant exposure to harmful chemicals as part of the routine at work.

Many railroad workers are exposed at work to a range of hazardous chemicals. They are often suffering from chronic illness and serious illnesses because of it. 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 commonly reported illnesses is cancer. Numerous studies have found a link between cancer among railroad workers by exposure to diesel fumes, as well as other chemical hazards. These chemicals include benzene which is a toxic chemical and can cause blood cancers. It is present in gasoline as well as certain wood preservatives and some types of tar.

A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked for the railroad for over 30 years was diagnosed with lung cancer as a result of exposure to diesel exhaust and other toxic chemicals when working for the railroad. The employee was exposed to numerous hazardous substances, including creosote-coated rail ties. The lawsuit claims that the railroad company used an "soaking wet" method of treating rail ties. This resulted in employees covered from head to toe in the chemical.

Wrongful Death

While working, railroad employees are exposed a wide range of cancer-causing chemicals. Sadly certain exposures lead to premature deaths for workers and their families. If a person's premature death is due to a railroad company's negligence and/or carelessness, they may be able to bring a lawsuit for wrongful death. A Pennsylvania railroad injury lawyer could analyze the circumstances that led to the death of a loved one and determine if you're entitled to compensation.

In the closing argument, Damick claimed that Brown was not aware that creosote can cause AML and that the CNW knew about the toxicity of this chemical for a number of years. Damick also noted that the CNW was required to provide protective clothing starting in 1986, but it did not do so until it was acquired by Union Pacific in 1996.

In the event that FRA alleges that the railroad committed a willful act or wilful, it could be penalized, cited or fined but its parent company, or any other institution, such as a union, cannot reimburse the railroad for the penalty. Congress wanted penalties to have a deterrent effect on individual behavior, and that it would be diminished, if not eliminated, by the possibility of being paid for by a railroad or its affiliates. If an individual or railroad refuses to settle an amount due to a fine, then the FRA, through the Attorney-General will 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 cancer and chronic diseases including mesothelioma, lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If an employee is diagnosed with one of these diseases and believes that their condition is the result of exposure at work, they should speak with an experienced lawyer for railroad-related cancer.

In a recent trial, an Illinois jury gave $50,000 to the family of a railroad employee who died from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 and 2008. He was exposed to creosote-coated railroad tie in the course of his job as a maintenance-of-way worker. The jury determined that his wrongful death was caused by his prolonged exposure to these chemicals and other hazardous materials found on the railroad.

This verdict, while small, shows the potential for significant damages in the event of a FELA lawsuit. Railroads are accountable for medical expenses along with lost income and other damages suffered by their employees in such cases. An experienced lawyer for railroad cancer could help victims pursue the justice they deserve.