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How to File a Railroad Lawsuit
Compensation may be available to railroad workers who contract a bacterial disease as a result of their work. A FELA lawyer can be of assistance.
Plaintiffs claim that they were exposed to degreasing chemicals and creosote, 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 employees and their families to sue their employers if they get hurt on the job. Contrary to the workers' compensation laws which offer financial compensation no matter how an injury occurs, FELA requires injured railroad employees to prove that their employer's negligence contributed to their injuries.
The FELA also defines a variety of damages that an injured worker can be awarded. Medical expenses, lost wages and pain and discomfort are all included. If the victim suffers from an injury to the head that is traumatic they could also be entitled to benefits for permanent disability and total disability, as well as future loss of earnings and companionship.
In addition to a traumatic brain injury, FELA claims can also be filed for a variety of other diseases and conditions which result from exposure to toxic substances at work. For instance, many former railroad workers who worked as engineers, conductors, switchmen, carmen, office workers, and machinists are now suffering from various kinds of cancers, including mesothelioma. These former railroad employees were exposed to diesel fumes, asbestos silica dust as well as chemical solvents and the use of weed killers throughout their careers.
An experienced attorney at your side can assist you to effectively navigate your FELA claim. To win your case, your attorney will need to be familiar with the ins and outs of FELA and other relevant laws like Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace illness is a disease or injury that happens as consequence of one's work. As opposed to injuries that are traumatizing like those that occur in car accidents or workplace falls, many occupational ailments develop gradually over time. This is due to continuous exposure to harmful chemicals that are part of a person's work routine.
Many railroad workers are exposed to a broad range of dangerous chemicals while working. In the end, they are often suffering from serious illness and chronic health problems. Certain conditions may be life-threatening and require continual treatment. Fortunately, there are compensations available for railroad workers injured.
Cancer is one of the most common diseases. Numerous studies have found a link between cancer among railroad workers exposed to diesel fumes as well as other chemical dangers. These chemicals include benzene that is a toxic substance and can cause cancers of the blood. It is present 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 more than 30 years, developed lung cancer as a result of exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed to a range of toxic substances, such as creosote that was coated on rail ties. The lawsuit claims that the railroad company treated rail ties with a "soaking-wet" method that left employees covered in chemicals from head to foot.
Wrongful Death
Railroad workers are exposed to various toxic chemicals and cancer-causing chemicals on the job. Unfortunately, some of these exposures lead to premature death among workers and their families. If a person dies early because of the negligence of the railroad, it could be possible to sue them for wrongful deaths. A Pennsylvania railroad injury lawyer can look into the circumstances leading to the death of a loved one and determine if you are entitled to compensation.
Damick argued during closing arguments that Brown did not know that creosote may cause AML and that CNW had known about the toxicity for a long time. He also highlighted that the CNW was required to provide protective clothing beginning in 1986, but did not do so until it was purchased by Union Pacific in 1996.
In cases where FRA asserts that the railroad committed a willful act, it can be cited, penalized and fined however its parent company or another institution, like the union, cannot pay the railroad for the penalty. Congress was intent on ensuring that penalties are a deterrent to the conduct of individuals that could be reduced, if not eliminated, through the possibility of being paid for by the railroad or its affiliates. If an individual or railroad does not agree to settle penalties, the FRA will, through the Attorney General sue in the appropriate United States district court.
Lymphoma lawsuit are exposed carcinogens on a regular basis and these toxic substances can trigger a variety of cancers and chronic illnesses like mesothelioma, lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If someone is diagnosed with one of these diseases and suspects that the condition is due to exposure at work, they should consult an experienced railroad cancer attorney.
In a recent instance, an Illinois jury awarded $50,000 to the family of a railroad worker who died of mesothelioma. The plaintiff worked from 1976 to 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As Lymphoma lawsuit , he was exposed to creosote coated railroad ties. The jury found that his death was caused by his continuous exposure to these chemicals as well as other hazardous materials on the railroad.
Although this decision is not huge, it demonstrates the possibility of substantial damages in a FELA lawsuit. In cases like this railroads are accountable for medical expenses along with lost wages and other damages. An experienced lawyer for railroad cancer can help victims seek the justice they deserve.
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