How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease related to their work can be entitled to compensation. A FELA lawyer could assist.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents when working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA), a law, allows railroad employees to sue their employers when they suffer injuries on the job. Unlike workers' comp statutes that provide financial compensation regardless of how an injury is caused, FELA requires injured railroad employees to prove that their employer's negligence contributed to their injuries.
The FELA also provides different types of damages that workers injured in an accident can claim. These include medical expenses along with lost wages, suffering and pain. Additionally, if the victim suffers a traumatic brain injury, he/she she may be entitled to permanent and total disability benefits, in addition to loss of future earnings and companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other diseases and conditions that result from toxic exposures at work. For instance, many former railroad workers who worked as engineers, conductors carmen, switchmen office workers and machinists are suffering from various forms of cancer, including mesothelioma. The former railroad workers have been exposed to asbestos, diesel fumes silica dust, chemical solvents and chemical weed killers during their time in the industry.
An experienced attorney at your side can assist you to successfully navigate your FELA claim. Your attorney should be knowledgeable about FELA and other laws that apply to your case. This includes the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.
Work-related Diseases
A workplace-related illness is a disease or injury that happens as the result of one's job. As opposed to injuries that are traumatizing, such as those sustained in workplace accidents or car falls, many occupational diseases are developed gradually over time. This is because of the constant exposure to toxic chemicals as part of the routine at work.
Many railroad workers are exposed to a variety of hazardous chemicals. They often suffer from chronic illnesses and serious ailments because of it. Some of these conditions may be life-threatening, and require ongoing treatment. Fortunately there are compensations available for injured railroad workers.
One of the most common ailments is cancer. railroad controls limited lawsuit have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene, which is a toxic compound and can cause cancers of the blood. It is found in gasoline and certain wood preservatives and certain types of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years was diagnosed with lung cancer due to exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed to numerous dangerous substances, including creosote-coated rail ties. The lawsuit asserts that the railroad company used the "soaking wet" method of treating rail ties, which left employees covered from head to toe in the chemical.
Wrongful Death
While working, railroad employees are exposed various cancer-causing chemicals. Unfortunately, some of these exposures can cause premature death among workers and their families. If a person's death is the result of negligence by a railroad company, it is possible to pursue wrongful death claims. A seasoned Pennsylvania railroad injury attorney could look into the circumstances that led to the death of your loved one and determine whether you may be legally entitled to compensation.
In closing arguments Damick asserted that Brown was not aware that creosote is a cause of AML and that the CNW was aware of the dangers of this substance for years. Damick also pointed out that the CNW had to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.
In cases where FRA declares that the railroad committed a willful act, it can be penalized, cited and fined but its parent company or another institution, like a union, is not able to reimburse the railroad for the penalty. Congress intended that penalties can be used to deter individuals' behavior, which would be reduced, if not removed, by the possibility of being compensated for by the railroad or its affiliates. If an railroad or individual doesn't agree to settle any penalty, the FRA will through the Attorney General file a lawsuit in the appropriate United States district court.
Damages
Railroad workers are exposed carcinogens on a regular basis and these carcinogens can cause various types of cancer and chronic diseases including mesothelioma, lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a railroad worker is diagnosed with any of these conditions and suspects that their condition could be due to exposure while working and they want to consult a railroad cancer attorney.
In a recent instance, an Illinois jury gave $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff was employed between 1976 until 2008 for Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad ties as part of his duties as a maintenance-of way worker. The jury ruled that his death was the result of long-term exposure to these chemicals and other hazardous materials on the railroad.
This verdict, while small it demonstrates the possibility of significant damages in the event of a FELA lawsuit. Railroads are accountable for medical expenses in addition to lost income, and other damages suffered by their employees in cases such as this. A lawyer for railroads who has experience can help victims get the compensation they deserve.