Notes

How Do You Know If You're Ready For Railroad Lawsuit Interstitial Lung Disease
How to File a Railroad Lawsuit

Many railroad employees are exposed to chemical solvents on a daily basis. If you developed leukemia after working for an railroad and believe that your work environment exposure caused the it could be due to compensation.

In contrast to workers' compensation claims, FELA lawsuits allow plaintiffs to receive unlimited damages. Learn more about FELA claims and how to file your claim.

Benzene Exposure Lawsuits

Benzene, a petroleum-based substance is present in gasoline and diesel fuel. It is a light yellow or clear liquid that turns into a hazardous vapor when exposed to air. It is used to create rubber, chemicals as well as paints. It can also be used as solvents to clean equipment and remove grease from machines. Railroad workers often handle or employ these harmful chemicals as part of their duties.


Workers who are exposed to benzene during their work may suffer from several serious adverse reactions, including leukemia and other cancers. The symptoms can include fatigue, nausea, vomiting and hair loss. The patient may also experience loss of memory and difficulty concentrating.

If a person is diagnosed with one of these illnesses the worker can sue his or her employer under the Federal Employers Liability Act. To be awarded damages, the worker must prove that his or her work and exposure to the chemical was a major cause of the illness.

Workers who have been exposed to benzene can also bring wrongful death lawsuits against their employers. Wrongful Death damages can cover funeral expenses, burial costs, emotional distress, and pain and suffering. These damages are typically determined using the same procedures as workers who are awarded FELA compensation.

FELA Lawsuits

Railroad companies are known for exposing their employees carcinogens such as asbestos, diesel exhaust, and lead. Unfortunately, railroad lawsuit settlements puts many former railroad workers at a higher risk of developing serious occupational diseases like mesothelioma and lung cancer. These workers have the option of suing to recover compensation for their injuries. The Federal Employers Liability Act (FELA) permits employees to sue employers in a different legal framework than traditional workers compensation programs.

In contrast to the workers' compensation statutes, FELA is a fault-based law that requires employees to prove that their employer's negligence was a factor in their injury or illness. If an employee can demonstrate that the negligence of a railroad company contributed to their illness or injury, they are entitled damages. This includes a claim to get back lost wages, medical expenses and pain and discomfort.

However, railroad companies fight these claims with sophisticated and often aggressive litigation strategies. They may use arguments that the injured former worker is unable to identify any specific instance of ill-health exposure to toxic substances and can't name a manufacturer of equipment or parts that contain harmful chemicals or toxins. A knowledgeable FELA attorney with a specialization in railroad injury claims will be able to counter these defenses. They can also find evidence of the railroad's negligence from various sources, including third party.

Class Action Lawsuits

A class action lawsuit permits plaintiffs to sue on behalf of other people suffering similar injuries. The Plaintiff is referred to as a "class representative," sues a company (in this case, BNSF Railway Company). The "class" is an association of people with similar claims. In class actions, a single court decides the case for the entire group. This is more efficient than many individual lawsuits.

If you are a member of the Class, you may be entitled to compensation for your medical expenses and lost earnings, as well as suffering and suffering, loss of enjoyment of life and other damages. In addition, you may be entitled to damages for wrongful death if a loved ones died from the disease that is related to railroads.

Railroad companies are required to provide their employees with a safe and secure work environment. However many railroads do not comply with this requirement and employees are exposed to toxic industrial solvents and diesel exhaust while at their job. This often leads to cancer as well as other chronic health issues.

The Court has granted the Class certification and is now moving towards trial. The Court has not yet decided whether BNSF violated BIPA, or how much money you may be able receive or any other benefits. If and when the Court decides to rule to rule in your favor, you will be advised about the best way to claim any money or benefits. The documents available on this website, including the Court's Order to certify the Class, the Second Amended Complaint filed by the Plaintiff and BNSF's Answer to the Second Amended Complaint will help you determine if have an entitlement.

Lawsuits for wrongful death

In the event that a person has died due to a third party's negligence, the family of the deceased could file a wrongful death lawsuit. This type of lawsuit seeks to compensate the decedent's financial losses in the form of loss of companionship, emotional pain and suffering. The surviving family members are compensated for the loss and expenses they'll incur in the future. The spouse or children, parents siblings, nieces and nephews, or anyone else financially dependent on the deceased may bring an action for wrongful deaths.

A wrongful-death suit can be filed in the case of a fatal train collision to hold the railroad company accountable for the death of a loved ones. A lawyer for train accidents can help a victim's family obtain the maximum settlement amount.

An attorney can look over the facts in a wrongful-death suit that involves a train crash, such as accident reports or physical evidence. The lawyer can also use expert witness testimony as well as other sources to build the strongest case that is possible.

In a recent wrongful-death action, a wife filed a lawsuit against BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. The widow claimed that BNSF did not provide adequate warnings. She claimed that the crossing didn't have automatic gates and that flashing lights were not reliable warnings of an approaching train. BNSF made pretrial motions to argue that federal law preempted widow's claims. The court ruled against BNSF's claims.

Here's my website: https://sites.google.com/view/railroadcancersettlements