Notes

The Biggest Issue With Railroad Lawsuit Colon Cancer And How You Can Solve It
How to File a Railroad Lawsuit


Compensation may be available to railroad workers who contract a disease due to their job. Contacting a FELA attorney can help.

Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.

FELA

The Federal Employers Liability Act (FELA) is an act of law, permits railroad workers to sue their employers when they are injured while on the job. Unlike workers' compensation statutes that provide financial benefits regardless of how an injury was caused, FELA is a fault-based law which requires railroad employees injured to prove that their employer's negligence played an important role in their injuries.

The FELA also outlines a variety of different types of damages an injured worker can receive. Medical expenses, lost wages, and discomfort and pain are all covered. Additionally, if the victim suffers a brain injury, he/she could be entitled to permanent and total disability benefits, and also loss of future earnings and loss of companionship.

In addition to a brain injury, FELA claims can also be filed for a range of other diseases and conditions caused by exposure to toxic substances at work. Many former railroad workers, such as those who were engineers, conductors or switchmen or machinists are now suffering from cancers such as mesothelioma. The former railroad workers have been exposed to asbestos, diesel fumes silica dust as well as chemical solvents and weed killers during their careers.

A FELA attorney with experience will assist you in navigating your claim with ease. Your attorney should be knowledgeable about FELA and other laws that are relevant to your situation. This includes the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.

Work-related Diseases

An occupational disease is an injury or illness that occurs as a result of one's job. As opposed to injuries that are traumatizing like those sustained in car accidents or workplace falls, many occupational diseases develop slowly over time. This is because of continuous exposure to toxic chemicals that are part of one's daily work routine.

Many railroad workers are exposed to a wide range of hazardous chemicals. They are often suffering from chronic illnesses and serious health issues as a result. Certain of these conditions could be life-threatening and require continuous treatment. Fortunately there are compensation options available to railroad workers who are injured.

One of the most common diseases is cancer. Numerous studies have connected cancer in railroad workers by exposure to diesel fumes, as well as other chemical dangers. These chemicals include benzene. It is a poisonous substance that can cause cancers of the blood. It is present in gasoline as well as certain wood preservatives and certain types of tar.

A lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years, developed lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed a range of toxic chemicals, including creosote-coated rail ties. The lawsuit claims that the railroad used an "soaking wet" method of treating rail ties. This resulted in employees covered from head to toe in the chemical.

Wrongful Death

Railroad employees are exposed to various cancer-causing chemicals and toxins while on the job. Sadly certain exposures lead to premature deaths for workers and their families. If the death of a person is due to the negligence of a railroad company or omission, it's possible to sue for wrongful death. A seasoned Pennsylvania railroad injury lawyer will analyze the circumstances surrounding your loved one's death and determine if you could be entitled to compensation.

Damick made the argument during closing arguments that Brown did not know that creosote may cause AML, and that CNW had known about the dangers for a long time. Damick also pointed out that the CNW had to provide protective clothing starting in 1986, but didn't until Union Pacific bought it in 1996.

In cases where FRA claims that the railroad was guilty and obnoxious, it may be cited, penalized and fined but its parent company, or any other institution, such as a union, cannot reimburse the railroad for the penalty. Congress believed that penalties should are a deterrent to individuals' behavior, which would be lessened, if not eliminated, because of the possibility of being paid for by the railroad or its affiliates. If Interstitial lung disease lawsuit or an individual refuses to settle any fine, the FRA through the Attorney General will bring suit against the appropriate United States District Court.

Damages

Railroad workers are exposed carcinogens every day and these harmful substances can cause various types of cancers and chronic illnesses including mesothelioma lung cancer, esophageal cancer, and non-Hodgkin's lymphoma. If a worker on the railroad is diagnosed with any of these conditions and suspects their condition may be due to exposure to carcinogens on the job or at work, they should seek out an attorney who specializes in railroad cancer.

In a recent Illinois case in which a jury awarded $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 until 2008. He was exposed to creosote-coated railroad ties in the course of his job as a maintenance-of-way worker. The jury concluded that his wrongful death was caused by his prolonged exposure to these chemicals and other hazardous substances on the railroad.

While this is a small verdict, it demonstrates the potential for substantial damages in the event of a FELA lawsuit. In such cases, railroads are responsible for medical expenses, lost wages and other damages. A skilled lawyer for railroads could assist victims to obtain the amount of compensation they're entitled to.

Website: https://sites.google.com/view/railroadcancersettlements