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20 Trailblazers Setting The Standard In Railroad Lawsuit Colon Cancer
How to File a Railroad Lawsuit

Compensation may be offered to railroad workers who contract a bacterial disease due to their work. Contacting an FELA attorney can assist.

Plaintiffs claim they were exposed to degreasing agents as well as 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 a law that allows railroad employees and their families to sue their employers if they are injured on the job. Unlike workers' comp statutes, which provide financial benefits regardless of the way in which an injury was caused, FELA requires injured railroad employees to prove that their employer's negligent actions caused their injuries.

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

FELA claims are not restricted to traumatic brain injuries. They may also be made in the event of a myriad of other conditions and illnesses caused by exposure to toxic chemicals. For instance, many former railroad workers who were conductors, engineers and switchmen, carmen machinists and office staff are currently suffering from various forms of cancer, such as mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos silica dust and chemical solvents, and weed killers during their careers.


An experienced attorney at your side can help you effectively navigate your FELA claim. Your attorney should be aware of FELA, as well as other laws that apply to your situation. These include the Occupational Safety and Heath Administration regulations and the Boiler Inspection Act.

Occupational Diseases

An occupational disease is a sickness or injury that occurs as a result if one's occupation. As opposed to injuries that are traumatizing like those sustained in workplace accidents or car falls, many occupational ailments are developed 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 hazardous chemicals working. Multiple myeloma lawsuit are often suffering from chronic illnesses and serious illness as a result. Certain of these conditions could be life-threatening, and require continuous treatment. Fortunately there are compensation options available for railroad workers who have been injured.

Cancer is one of the most common illnesses. Several studies have linked cancer among railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene that is a toxic compound and can cause blood cancers. 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 on the railroad for over 30 years, developed lung cancer as a result of exposure to diesel exhaust and other toxic chemicals while working at the railroad. The employee was exposed to numerous hazardous substances, including creosote-coated rail ties. Multiple myeloma lawsuit that the railroad used a "soaking wet" method of treating rail ties, leaving employees completely covered with the chemicals.

Wrongful Death

While working, railroad employees are exposed various cancer-causing chemicals. Sadly certain exposures cause premature deaths for workers and their loved ones. If a person's untimely death is due to a railroad company's negligence it is possible to bring a lawsuit for wrongful death. A knowledgeable Pennsylvania railroad injury attorney could analyze the circumstances surrounding the death of your loved ones and determine if you could be eligible for compensation.

Damick made the argument during closing arguments that Brown did not realize that creosote could cause AML, and that CNW had been aware of the dangers for years. He also noted that the CNW was required to provide protective clothing beginning in 1986, but it didn't until Union Pacific bought it in 1996.

In the event that FRA claims that the railroad acted in a willful manner or wilful, it could be penalized, cited, and fined, but its parent company or another institution, such as the union, cannot pay the railroad for the penalty. Congress wanted penalties to have a deterrent effect on the conduct of individuals, which could be lessened or eliminated if a railroad, or its affiliates, paid for them. If an individual or railroad does not agree to pay penalties and the FRA will through the Attorney General, sue in the appropriate United States district court.

Damages

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

In a recent Illinois case the jury awarded $50,000 to a railway family of a worker who died from mesothelioma. bnsf lawsuit was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 between 1976 and 2008. He was exposed to creosote-coated railroad tie as part of his duties as a maintenance-of-way worker. The jury determined that his wrongful death was caused by his long-term exposure to these chemicals as well as other hazardous substances on the railroad.

The verdict, though small, shows the potential for significant damages in the event of a FELA suit. In cases like this, railroads are responsible for medical costs along with lost wages and other damages. An experienced lawyer for railroad cancer can help victims seek the amount of compensation they're entitled to.

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