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12 Companies Leading The Way In Railroad Lawsuit Colon Cancer
How to File a Railroad Lawsuit

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

Plaintiffs claim that they were exposed to degreasing substances and creosote which is the generic name 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 an act that permits railroad workers and their families to sue their employers if they are hurt on the job. Contrary to the workers' compensation laws that provide financial compensation regardless of how an injury occurs, FELA requires injured railroad employees to prove that their employer's negligence contributed to their injuries.

The FELA also outlines a variety of damages that an injured worker may receive. Medical expenses, lost wages and discomfort and pain are all included. Additionally, if a victim suffers a traumatic brain injury, he/she might be entitled permanent and total disability benefits as well as loss of future earnings and loss of companionship.

In addition to a brain injury, FELA claims can also be filed for a variety of other ailments and diseases which result from exposure to toxic substances at work. Many former railroad workers, for example those who were engineers, conductors or switchmen carmen, machinists or carmen, are currently suffering from cancers including mesothelioma. The former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents chemical solvents and weed killers.

A knowledgeable attorney on your side can help you effectively navigate your FELA claim. Your lawyer must be aware of FELA, as well as other laws that are relevant to your particular case. This includes the Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.

Work-related Diseases

An occupational illness is a condition or injury which develops as a consequence of one's work. In contrast to injuries that are traumatic, such as those sustained in workplace accidents or car falls, many occupational ailments develop slowly over time. Scleroderma lawsuit is due to the constant exposure to harmful chemicals as part of a daily work routine.

Many railroad workers are exposed to a wide variety of hazardous chemicals at work. They often suffer from chronic illnesses and serious health issues due to this. Certain of these ailments can be life-threatening, and require continuous treatment. Fortunately there are compensation options available to railroad workers who are injured.

One of the most frequent illnesses 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 toxic chemical and can cause cancers of the blood. It can be found in gasoline and certain wood preservatives and a few types of tar.

A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 yrs developed lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The worker was exposed to many dangerous substances, including creosote-coated rail ties. The lawsuit alleges that the railroad company treated rail ties with a "soaking-wet" method that caused employees to be covered in chemicals from head to foot.

Wrongful Death

While working railroad workers are exposed an array of cancer-causing chemicals. Unfortunately, a few of these exposures cause premature deaths among workers and their families. If the death of a person is due to the negligence of a railroad company it is possible to bring a lawsuit for wrongful death. A Pennsylvania railroad injury lawyer can investigate the circumstances that led to your loved one's untimely death and determine whether you are entitled to compensation.

In closing arguments, Damick stated that Brown was not aware that creosote can cause AML and that the CNW was aware of the dangers of this substance for years. Damick also argued that the CNW was required to provide protective clothing beginning in 1986, but didn't do so until it was purchased by Union Pacific in 1996.

In cases where FRA declares that the railroad acted in a willful manner and obnoxious, it may be cited, penalized and fined however its parent company or another institution, like the union, cannot pay the railroad for this penalty. Congress wanted penalties to can be used to deter individuals' behavior, which would be lessened, if not eliminated, through the possibility of being compensated for by the railroad or its affiliates. In the event that an railroad or an individual does not agree to settle an amount of penalty or other fine, the FRA will through the Attorney General sue in the appropriate United States district court.

Damages

Railroad workers are exposed to carcinogens daily and these carcinogens can cause a variety of cancer and chronic diseases such as mesothelioma and lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a worker is diagnosed with one of these illnesses and suspects their condition is due to exposure at workplace, they should talk to an experienced attorney for railroad cancer.

In a recent trial, an Illinois jury gave $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff was employed between 1976 and 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroadties in the course of his work as a maintenance-of-way worker. The jury concluded that his death was caused by his prolonged exposure to these chemicals and other hazardous materials on the railroad.

While this verdict is small, it demonstrates the possibility of substantial damages in a FELA lawsuit. In these cases railroads are accountable for medical expenses in addition to lost wages, among other damages. An experienced lawyer for railroad cancer can assist victims in obtaining the compensation they deserve.

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