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How to File a Railroad Lawsuit

Railroad workers who contract a disease or illness related to occupational exposure may be eligible for compensation. Contacting an FELA attorney can help.

Plaintiffs claim that they were exposed to degreasing chemicals and creosote which is the generic name 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) is an act that permits railroad workers and their families to file lawsuits against their employers if they get injured on the job. Unlike workers' comp statutes that provide financial compensation regardless of the way in which an injury was caused, FELA requires injured railroad employees to prove that their employer's negligent actions contributed to their injuries.

The FELA also defines different types of damages workers injured in an accident can claim. Medical expenses, lost wages, and discomfort and pain are all included. If the victim is suffering from an injury to the head that is traumatic or head injury, they may be entitled to permanent disability benefits and total disability in the future, as well as future earnings and loss of companionship.

FELA claims are not limited to brain injuries that are traumatic. They are also claimed in the event of various other illnesses and conditions caused by exposure to toxic chemicals. Many former railroad workers, including those who worked as engineers, conductors or switchmen or machinists suffer from cancers such as mesothelioma. Non-Hodgkin's lymphoma lawsuit were exposed to asbestos, diesel fumes silica dust chemical solvents, weed killers and chemical solvents.

Having an experienced attorney by your side can help you in navigating your FELA claim. To be successful in your case your attorney needs to be aware of the ins and outs of FELA as well as other relevant laws, such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.


Occupational Diseases

An occupational illness is a condition or injury that occurs as a result if one's occupation. Many occupational diseases develop slowly over time, unlike traumatizing injuries like those sustained from workplace accidents or car accidents. and falls. This is because of continuous exposure to harmful chemicals that are a part of the daily routine at work.

Many railroad employees are exposed to a range of hazardous chemicals. They are often suffering from chronic illnesses and serious illness due to this. Some of these conditions can be life-threatening and require continuous treatment. Fortunately there are compensation options available to railroad workers who are injured.

Cancer is one of the most frequent diseases. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical dangers. Non-Hodgkin's lymphoma lawsuit include benzene, which is a toxic chemical that can cause blood cancers and other diseases. It is present in gasoline, various kinds of wood preservatives and certain types of tar.

A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked on the railroad for more than 30 years, developed lung cancer as a result of exposure to diesel exhaust and other toxic chemicals while working at the railroad. The worker was exposed to many harmful substances, including creosote coated rail ties. The lawsuit alleges that the railroad company treated rail ties with the "soaking-wet" method, which exposed employees to chemicals from head to foot.

Wrongful Death

On the job railroad workers are exposed to an array of cancer-causing chemicals. Unfortunately, some of these exposures cause premature deaths for workers and their loved ones. If a person's untimely death is the result of the negligence of a railroad company it is possible to sue for wrongful death. A Pennsylvania railroad injury lawyer could examine the circumstances surrounding the death of your loved one and determine if you're entitled to compensation.

During closing arguments, Damick stated that Brown was unaware that creosote could cause AML and that the CNW knew about the dangers of this substance for years. He also noted that the CNW had to provide protective clothing starting in 1986, but didn't until Union Pacific bought it in 1996.

In the event that FRA declares that the railroad acted in a willful manner, it can be penalized, cited and fined however its parent company, or any other institution, like a union, is not able to reimburse the railroad for the penalty. Congress was intent on ensuring that penalties have a deterrent effect on individuals' behavior, which would be lessened, if not eliminated, through the possibility of being compensated for by the railroad or its affiliates. If an individual or railroad refuses to pay an amount of money, the FRA, through the Attorney-General will pursue the appropriate United States District Court.

Damages

Rail workers are exposed to carcinogens every day. These carcinogens can cause a variety of cancers and chronic illnesses, including mesothelioma and lung cancer. If an employee is diagnosed with one of these diseases and suspects their illness is caused by exposure at work, they should consult an experienced attorney for railroad cancer.

In a recent case an Illinois jury awarded $50,000 to the family of a railroad worker who passed away from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 to 2008. As a maintenance worker, he was exposed for a long time to creosote-coated railroad tie. The jury ruled that his death was caused by a long-term exposure to these chemicals and other hazardous materials on the railroad.

Although Non-Hodgkin's lymphoma lawsuit is not huge however, it shows the potential for substantial damages in the event of a FELA lawsuit. In cases like this, railroads are responsible for medical costs along with lost wages and other damages. An experienced railroad cancer lawyer could help victims pursue the compensation they deserve.

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