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How to File a Railroad Lawsuit

Many railroad employees are exposed to chemical solvents every day. If you have leukemia, and you suspect that the exposure you receive at work is the cause, then you may be entitled compensation.

As opposed to workers' compensation claims, FELA lawsuits allow plaintiffs to receive unlimited damages. Learn more about FELA claims and how to file your claim.

Benzene Exposure Lawsuits

Benzene, which is a petroleum-based material is present in diesel fuel and gasoline. It is an opaque or light yellow liquid that evaporates into a hazardous vapor when exposed to air. It is used in the production of rubber, chemicals and paints. It is also used to clean equipment and remove grease. In the course of their work, railroad workers handle or make use of toxic chemicals.

Workers who are exposed to benzene as part of their work may suffer from numerous serious adverse reactions, including leukemia and other cancers. Symptoms can include fatigue, nausea, vomiting and loss of hair. Workers may also experience a loss of memory or difficulty concentrating.

If a worker is diagnosed with one of these illnesses and suffers from one of them, they can bring a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be Non-Hodgkin's lymphoma lawsuit to claim damages, a worker must prove that their job and exposure to chemicals were a significant factor.

Workers who have been exposed could also bring wrongful death suits against their employers. Damages for wrongful death can be used to cover funeral costs funeral costs, burial expenses, emotional distress, and suffering and pain. These damages are typically calculated using the same methodology that workers receive FELA compensation.


FELA Lawsuits

Railroad companies are known for exposing their employees to carcinogens such as asbestos, diesel exhaust and lead. Unfortunately this puts former railroad workers at a greater risk of developing serious occupational illnesses such as mesothelioma or lung cancer. Fortunately, they are able to pursue a lawsuit to seek compensation for their losses and injuries. The Federal Employers Liability (FELA) Act permits employees to sue employers within a legal framework that is different from traditional workers compensation programs.

In contrast to the statutes for workers' compensation, FELA is a fault-based law that requires employees to prove that their employer's negligence was a factor in their injury or illness. If a worker can prove that the negligence of a railroad company caused their injury they are entitled to compensation for the losses they suffered. This includes a claim to recuperate the cost of medical expenses, lost wages and pain and discomfort.

Railroad companies typically employ aggressive and sophisticated litigation strategies to combat these claims. These defenses could include the argument that the former employee is unable to pinpoint an exact instance where toxic substances were exposed, and cannot name a manufacturer or product that contained harmful chemicals and toxic substances. A knowledgeable FELA attorney with a specialization in railroad injury cases can counter these defenses. They can also discover evidence of negligence on the part of the railroad from various sources, including third party.

Class Action Lawsuits

A class action lawsuit allows the plaintiff to sue on behalf of others with similar injuries. The Plaintiff also referred to as a "class representative," sues a company (in this instance, BNSF Railway Company). The "class" is an association of people who have similar claims. In class actions, a single judge decides the case for the entire group. This is more efficient than individual lawsuits.

If you are a class member, you may be entitled compensation for medical expenses loss of wages, pain and discomfort or loss of enjoyment life and other damages. In addition, you may be entitled to compensation for wrongful death if your loved ones died from the disease that is related to railroads.

Railroad companies are legally bound to provide their employees with a safe and secure work environment. However, many railroads don't meet this requirement. Workers are exposed to toxic industrial chemical and diesel exhaust when at work. This is often the cause of cancer and other long-term health problems.

This Court has granted the Class certification and is now moving towards trial. The Court hasn't decided if BNSF violated BIPA or what amount of you could receive or receive, if any. If and when Bladder cancer lawsuit decides to do so to rule in your favor, you will be advised about how to obtain any money or benefits. The documents available on this site, including the Court's Order to certify the Class and the Second Amended Complaint filed by the Plaintiff and BNSF's response to the Second Amended Complaint and the Answer to the Second Amended Complaint, can help you determine if you have a claim.

Lawsuits for Wrongful Death

The family of the victim can make a claim in the event that a person died due to another's negligence. This type of claim seeks to compensate the deceased's economic losses, their loss of affection and companionship, as well as any other personal pain. It also compensates the surviving family members for their losses and expenses that will continue to be incurred into the future. The spouse or children, parents siblings, nieces, nephews or anyone else financially dependent upon the deceased may file a wrongful death lawsuit.

In the case of a fatal train accident an wrongful-death lawsuit can make the railroad company accountable for the death of a loved-one. A train accident lawyer can help the family of the victim to receive the maximum amount of compensation.

For example, in a wrongful death lawsuit that involves a train crash, an attorney can review the facts of the case, including accident reports and evidence from physical sources. The lawyer can also use expert witness testimony and other sources to build the strongest case that is possible.

In Pancreatic cancer lawsuit -death action, a widow sued BNSF over her husband's death at the railroad crossing in Pontotoc County. The widow claimed that BNSF did not provide adequate warnings. She argued that the crossing was not equipped with automatic gates and that the lights flashing didn't provide accurate warnings that a train was about to arrive. BNSF filed pretrial motions arguing that federal law preempted the widow's claims. The court denied BNSF’s motions.

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