How to File a Railroad Lawsuit
Railroad workers who contract a disease or illness related to exposure to the workplace may be eligible for compensation. Contacting an FELA attorney can assist.
Plaintiffs claim that they were exposed to degreasing agents and creosote, the generic term for coal tar working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.
FELA
The Federal Employers' Liability Act (FELA) is the law that allows railroad employees to sue their employers if they are injured while on the job. Contrary to the workers' compensation statutes which provide financial compensation regardless of how an injury was caused, FELA is a fault-based law that requires railroad workers injured to prove that their employer's negligence played the role in their injuries.
The FELA also outlines a variety of damages a worker injured may receive. Medical expenses, lost wages, and discomfort and pain are all covered. In addition, if the victim suffers a traumatic brain injury, he/she may be entitled to permanent and total disability benefits, along with loss of future earnings and loss of companionship.
FELA claims aren't restricted to brain injuries caused by trauma. They are also claimed in the event of a variety of other ailments and diseases caused by exposure to toxic substances. For instance, a lot of former railroad workers who were conductors, engineers, switchmen, carmen, office workers, and machinists are currently suffering from various kinds of cancers, including mesothelioma. The former railroad workers have been exposed to diesel fumes, asbestos silica dust as well as chemical solvents, and herbicides throughout their careers.
Having an experienced attorney by your side can help you in navigating your FELA claim. To be successful in your case your lawyer needs to be familiar with the ins and outs of FELA and other relevant laws such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
An occupational disease is a condition or injury which develops as a consequence of one's job. union pacific railroad lawsuit are developed slowly over time, in contrast to traumatizing injuries like those sustained from car accidents or workplace slips and falls. This is because of the constant exposure to toxic chemicals as part of the routine at work.
Many railroad employees are exposed to a variety of hazardous chemicals. They are often suffering from chronic illnesses and serious illness due to this. Some of these conditions may be life-threatening and require ongoing treatment. Fortunately there are compensation options available for railroad workers injured.
One of the most prevalent ailments is cancer. Numerous studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene which is a poisonous substance that can cause blood cancers as well as other illnesses. It is present in gasoline, various kinds of 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 was diagnosed with lung cancer as a result of exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed to a variety of dangerous chemicals, including creosote coating 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
Railroad workers are exposed to a variety of cancer-causing chemicals and toxins while on their job. Unfortunately some of these exposures can cause premature death for employees and their loved ones. If a person dies prematurely because of the negligence of the railroad, it might be possible to bring a lawsuit against them for wrongful deaths. An experienced Pennsylvania railroad injury attorney could look into the circumstances that led to your loved one's death and determine whether you may be legally entitled to compensation.
In closing arguments Damick argued that Brown was not aware that creosote is a cause of AML and that the CNW knew about the toxicity of this substance for years. He also pointed out that the CNW was required to provide protective clothing in 1986, but it did not do so until it was purchased by Union Pacific in 1996.
In the event that FRA alleges that the railroad was willful 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 intended that penalties are a deterrent to individual behavior that would be reduced, if not removed, by the possibility of being compensated for by a railroad or its affiliates. If a railroad or individual refuses to settle an amount of money, the FRA through the Attorney-General can pursue the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens all day. These toxic substances can cause a variety diseases and cancers, including mesothelioma and lung cancer. If an employee has been diagnosed with one of these diseases and suspects their condition is the result of exposure at work, they should consult 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 between 1976 until 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As a maintenance worker, the plaintiff was exposed to creosote-coated railroad ties. The jury concluded that his death was caused by his long-term exposure to these chemicals as well as other dangerous 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 with experience can assist victims receive the justice they deserve.