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Compensation may be offered to railroad employees who contract a disease because of their work. A FELA lawyer may help.

Plaintiffs claim they were exposed to degreasing agents as well as creosote, a 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 permits railroad employees and their families to file lawsuits against their employers when they get hurt on the job. Multiple myeloma lawsuit to the workers' compensation statutes that provide financial compensation regardless of how the injury caused, FELA is a fault-based law that requires injured railroad workers to show that negligence on the part of their employer played a role in their injuries.

The FELA also sets out several different types of damages that an injured worker can receive. This includes medical expenses loss of wages, suffering and pain. If the victim suffers head injuries that are traumatic they could also be eligible for 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 illnesses and conditions caused by exposure to toxic substances at work. Many former railroad workers, such as those who worked as conductors, engineers, switchmen carmen, machinists or carmen, are now suffering from cancers, including mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos silica dust chemical solvents, chemical solvents and weedkillers.

A FELA lawyer with experience can help you navigate your claim successfully. Your lawyer must be aware of FELA and other laws that are relevant to your situation. This includes the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.

Work-related Diseases

An occupational disease is an injury or illness which develops as a consequence of one's work. Many occupational diseases develop slowly over time, unlike traumatic injuries such as those suffered in car accidents or workplace slips and falls. This is due to the constant exposure to harmful chemicals as part of a daily work routine.

Many railroad employees are exposed to a range of hazardous chemicals. They are often suffering from chronic illnesses and serious illness due to this. Certain conditions may be life-threatening, and require ongoing care. Fortunately, there are compensations available for railroad workers injured.

One of the most prevalent diseases is cancer. Several studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene which is a poisonous substance that can cause blood cancers and other illnesses. It is found in gasoline, a few kinds of wood preservatives and certain kinds of tar.

A lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years was diagnosed with lung cancer due to exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a range of toxic substances, such as creosote-coated rail ties. The lawsuit asserts that the railroad company treated rail ties using a "soaking-wet" method, which exposed employees to chemicals from head to foot.

Wrongful Death

On the job, railroad employees are exposed various cancer-causing chemicals. Unfortunately, a few of these exposures can cause premature death among workers and their families. If a person's premature death is due to negligence by a railroad company it is possible to file a lawsuit for wrongful deaths. A seasoned Pennsylvania railroad injury lawyer can look into the circumstances that led to the death of your loved one and determine if you could be eligible for compensation.

Damick argued during closing arguments that Brown did not know that creosote may cause AML, and that CNW was aware of the toxicity for a long time. 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 declares that the railroad committed a willful act and obnoxious, it may be cited, penalized and fined but its parent company, or another institution, like a union, cannot reimburse the railroad for this penalty. Congress believed that penalties should can be used to deter the conduct of individuals that could be reduced, if not removed, by the possibility of being paid for by a railroad or its affiliates. In the event that an individual or railroad does not accept a settlement of an amount of penalty and the FRA will through the Attorney General, sue in the appropriate United States district court.

Damages

Railroad workers are exposed to carcinogens on a daily basis and these toxic substances can cause a variety of cancer and chronic illnesses 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 health issue is related to exposure at work, they should seek advice from an experienced railroad cancer attorney.

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

The verdict, though small it demonstrates the possibility of significant damages in a FELA suit. Railroads are accountable for medical expenses as well as lost income and other damages that employees suffer in cases like this. A lawyer for railroads with experience can assist victims get the amount of compensation they deserve.

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