How to File a Railroad Lawsuit

Compensation may be offered to railroad workers who contract a disease due to their work. Contacting an FELA attorney can assist.

Plaintiffs claim they were exposed to degreasing agents 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), the law that allows railroad employees to sue their employers when they suffer injuries at work. Contrary to the workers' compensation statutes that offer financial compensation irrespective of the manner in which an injury caused, FELA is a fault-based law which requires railroad employees injured to show that negligence on the part of their employer played the role in their injuries.

The FELA also sets out several different types of damages workers injured in an accident can claim. Medical expenses, lost wages and pain and discomfort are all covered. If the victim suffers from an injury to the head that is traumatic they could also be entitled to permanent disability benefits and total disability and future earnings and companionship loss.

FELA claims are not limited to brain injuries that are traumatic. They may also be filed in the event of a myriad of other illnesses and conditions caused by toxic exposures. Many former railroad workers, including those who worked as engineers, conductors, switchmen carmen, machinists or carmen, are now suffering from cancers like mesothelioma. 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 help effectively navigate your FELA claim. To be successful your lawyer will need to know 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.

Work-related Diseases

An occupational illness is an illness or injury that develops as a result of one's job. Many occupational diseases develop slowly over time, in contrast to the traumatic injuries that result from accidents at work or slips and falls. This is because of the constant exposure to toxic chemicals as part of the work routine.

Many railroad employees are exposed to a wide range of hazardous chemicals. They often suffer from chronic illness and serious ailments due to this. Some of these conditions may be life-threatening and require continuous treatment. Fortunately there are compensations for injured railroad workers.

Cancer is one of the most frequently diagnosed diseases. Numerous studies have connected cancer in railroad workers with exposure to diesel fumes and other chemical hazards. These chemicals include benzene which is a toxic compound and can cause cancers of the blood. It is found in gasoline, certain types of wood preservatives and certain kinds of tar.

A lawsuit filed against CNW Union Pacific alleged a former railroad class action lawsuit employee who worked for the railroad for more than 30 years developed lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed to numerous toxic substances, including creosote that was coated on rail ties. The lawsuit alleges that the railroad company treated rail ties using a "soaking-wet" method that exposed employees to chemicals from head to foot.

Wrongful Death

Railroad workers are exposed to a variety of toxic chemicals and cancer-causing substances on their job. Unfortunately, a few of these exposures lead to premature death among workers and their families. If a person's premature death is the result of a railroad company's negligence or omission, it's possible to pursue wrongful death claims. A Pennsylvania railroad workers cancer lawsuit injury lawyer will examine the circumstances surrounding the untimely death of your loved ones and determine whether you are entitled to compensation.

Damick made the argument during closing arguments that Brown did not realize that creosote can cause AML and that CNW was aware of the dangers for a long time. He also highlighted that the CNW was required to provide protective clothing starting in 1986, but did not provide protective clothing until it was purchased by Union Pacific in 1996.

In cases where FRA declares that the railroad was willful or wilful, it could be penalized, cited, and fined but its parent company, or a different institution, like the union, Railroad Lawsuit cannot pay the railroad for this penalty. Congress was intent on ensuring that penalties can be used to deter individual behavior, and that it would be reduced, if not removed, by the possibility of being paid for by a railroad or its affiliates. If an individual or railroad refuses to pay a fine, the FRA, through the Attorney-General will take class action lawsuit against union pacific railroad against the appropriate United States District Court.

Damages

Railroad workers are exposed to carcinogens every day and these harmful substances can cause a variety of cancers and chronic illnesses such as mesothelioma and lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If a railroad worker is diagnosed with one of these conditions and suspects their condition may be the result of exposure while working and is unsure, they should speak with an attorney for railroad cancer.

In a recent case an Illinois jury gave $50,000 to the family of a railroad worker who died of mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, the union pacific railroad lawsuits Pacific Railroad Company, between 1976 and 2008. As a maintenance employee, he was exposed to creosote-coated railroad tie. The jury concluded that his death was caused by a long-term exposure to these chemicals, as well as other dangerous materials on the railroad.

Although this decision is not huge but it highlights the potential for massive damages in the event of a FELA lawsuit. In these cases railroads are accountable for Railroad Lawsuit medical expenses, lost wages and other damages. A railroad cancer lawyer with experience could help victims receive the justice they deserve.