Will Railroad Lawsuit Colon Cancer Always Rule The World?

How to File a Railroad Lawsuit

Railroad workers who contract an illness or disease due to occupational exposure may be eligible for compensation. A FELA lawyer may be of assistance.

Plaintiffs claim they were exposed to degreasing substances and creosote, a 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 employees and their families to file lawsuits against their employers if they get hurt on the job. Contrary to the workers' compensation laws, which provide financial benefits regardless of how the injury occurs, FELA requires injured railroad employees prove that their employer's negligence caused their injuries.

The FELA also outlines a variety of damages that an injured worker can receive. Medical expenses, lost wages, and pain and discomfort are all included. If the victim is suffering from trauma to the head they could also be entitled to benefits for permanent disability and total disability, as well as future loss of earnings and companionship.

In Lymphoma lawsuit to a traumatic brain injury, FELA claims can also be filed for a variety of other illnesses and conditions caused by exposure to toxic substances at work. For example, many former railroad workers who worked as engineers, conductors carmen, switchmen machinists and office staff suffer from different types of cancer, including mesothelioma. The former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents chemical solvents, and weed killers.

Having an experienced attorney by your side will help you effectively navigate your FELA claim. In order to succeed in your case your attorney needs to be aware of the ins and outs of FELA as well as other relevant laws such as Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.

Occupational Diseases

An occupational illness is an illness or injury which develops as a consequence of one's work. As opposed to injuries that are traumatizing like those that occur in workplace accidents or car falls, many occupational illnesses develop gradually over time. This is due to constant exposure to toxic chemicals that are a part of one's daily work routine.

Many railroad workers are exposed variety of hazardous chemicals at work. They are often suffering from chronic illnesses and serious health issues due to this. Certain conditions may be life-threatening, and require continual treatment. Fortunately there are compensations to railroad workers who are injured.

One of the most prevalent illnesses is cancer. Several studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene, which is a toxic substance and can cause cancers of the blood. It can be found in gasoline as well as certain wood preservatives and certain types of tar.

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

Wrongful Death

On the job, railroad employees are exposed a wide range of cancer-causing chemicals. Sadly some of these exposures cause premature deaths for employees and their loved ones. If a person's premature death is the result of negligence by a railroad company it is possible to sue for wrongful death. A seasoned Pennsylvania railroad injury attorney could investigate the circumstances of the death of your loved one and determine if you could be legally entitled to compensation.

In closing arguments, Damick argued that Brown was unaware that creosote may cause AML and that the CNW was aware of the toxicity of this substance 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 bought by Union Pacific in 1996.

In the event that the FRA asserts willful misconduct and the railroad is cited and penalized but it cannot be compensated for the penalty by its parent company or an organization, like an organization for workers. Lymphoma lawsuit was intent on ensuring that penalties be deterrent to individual behavior, which would be lessened or eliminated if the railroad, or its affiliates, paid for them. If Lymphoma lawsuit or an individual does not agree to pay an amount of penalty then the FRA will through the Attorney General, sue in the appropriate United States district court.

Damages

Railroad workers are exposed to carcinogens on a regular basis and these harmful substances can trigger a variety of cancer and chronic diseases including mesothelioma lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a railroad employee is diagnosed with one of these illnesses and suspects that their condition could be due to exposure on the job and is unsure, they should speak with an attorney for railroad cancer.

In a recent Illinois case the jury awarded $50,000 to a railroad family member who passed away from 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. As a maintenance worker, the plaintiff was exposed to creosote-coated railroad tie. The jury ruled that his death was caused by the long-term exposure to these chemicals, as well as other hazardous materials on the railroad.

While this verdict is small, it demonstrates the potential for massive damages in the event of a FELA lawsuit. In such cases railroads are accountable for medical expenses along with lost wages and other damages. A lawyer for railroads who has experience can help victims receive the justice they deserve.