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How to File a Railroad Lawsuit

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

Plaintiffs claim they were exposed to creosote (the generic name for coal tar) and degreasing solvents when 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 employees to sue their employers if they suffer injuries during the course of their work. Unlike workers' comp statutes that provide financial compensation regardless of the way in which an injury occurs, FELA requires injured railroad employees to prove that their employer's negligent actions caused their injuries.

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


FELA claims aren't limited to brain injuries that are traumatic. They can also be filed in the event of a myriad of other illnesses and conditions caused by exposure to toxic substances. For instance, a large number of former railroad workers who were conductors, engineers carmen, switchmen, office workers, and machinists are currently suffering from various kinds of cancers, including mesothelioma. Former railroad workers were exposed to diesel fumes, asbestos, silica dust, chemical solvents, and chemical weed killers during their time in the industry.

A FELA attorney with experience will help you navigate your claim successfully. Your lawyer must be familiar with FELA and other laws that pertain to your situation. This includes the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.

Occupational Diseases

An occupational disease is a condition or injury that is a a result if one's occupation. Unlike traumatic injuries like those that occur in workplace accidents or car falls, many occupational ailments develop gradually over time. This is due to continual exposure to toxic chemicals that are a part of the daily routine at work.

Many railroad workers are exposed range of dangerous chemicals while at work. Because of this, they often suffer from serious illness and chronic health issues. Certain of these ailments could be life-threatening and require continual treatment. There are compensations available to railroad employees who have been injured.

Cancer is one of the most common diseases. Numerous studies have connected cancer in railroad workers due to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene. It is a poisonous substance that can cause cancers of the blood. It is found in gasoline, a few kinds of wood preservatives, and certain kinds of tar.

A lawsuit brought against CNW and Union Pacific alleged that a former employee who worked for the railroad for over 30 years, developed lung cancer as a result of exposure to diesel exhaust and other toxic chemicals when working for the railroad. The employee was exposed to a variety of harmful substances, including creosote coated rail ties. The lawsuit claims that the railroad company employed a "soaking wet" method of treating rail ties. This left employees covered from head to toe in the chemicals.

Wrongful Death

Railroad workers are exposed various cancer-causing chemicals and toxins while on their job. Sadly, lung cancer lawsuit from smoking of these exposures cause premature deaths for employees and their families. If someone dies prematurely due to the negligence of an railroad, it may be possible to claim compensation for the wrongful death. An experienced Pennsylvania railroad injury lawyer can investigate the circumstances of the death of your loved ones and determine if you could be entitled to compensation.

In closing arguments Damick argued that Brown did not know that creosote may cause AML and that the CNW knew about the dangers of this substance for a long time. He also pointed out that the CNW was required to provide protective clothing in 1986, but didn't provide protective clothing until it was bought by Union Pacific in 1996.

In the event that the FRA declares willful or willful conduct, the railroad could be punished and cited however, it is not able to be compensated for that penalty by its parent company, or by another institution like a labor organization. Congress intended that penalties have a deterrent impact on the conduct of individuals, which could be reduced or eliminated if a railroad or its affiliates, paid for the penalties. If a railroad refuses to pay a fine, the FRA through the Attorney-General can sue the appropriate United States District Court.

Damages

Rail workers are exposed to carcinogens all day. These harmful substances can trigger a variety of chronic illnesses and cancers, including mesothelioma and lung cancer. If a railroad worker is diagnosed with one of these diseases, and suspects that their condition could be due to exposure on the job, they should consult an attorney who specializes in railroad cancer.

In a recent Illinois case in which a jury gave $50,000 to a railroad family of a worker who died from mesothelioma. The plaintiff worked between 1976 and 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote-coated railroad tie in the course of his work as a maintenance-of-way employee. The jury ruled that his death was caused by the long-term exposure to these chemicals as well as other dangerous materials on the railroad.

This decision, although small, shows the potential for significant damages in a FELA suit. Railroads are liable for the medical expenses along with lost income and other losses suffered by their employees in cases like this. An experienced railroad cancer lawyer could assist victims to obtain the justice they deserve.

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