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How to File a Railroad Lawsuit

Railroad workers who develop illnesses or diseases related to exposure to work may be eligible for compensation. Contacting a FELA attorney can help.

Plaintiffs claim they were exposed to degreasing agents 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 a law, allows railroad workers to sue their employers when they suffer injuries at work. Contrary to the workers' compensation statutes which provide financial compensation regardless of the way in which injuries were caused, FELA is a fault-based law that requires injured railroad workers to prove that their employer's negligence played an important role in their injuries.

The FELA also specifies several types of damages that an injured worker can be awarded. Medical expenses, lost wages and discomfort and pain are all covered. In addition, if the victim suffers a brain injury, he or could be entitled to permanent and total disability benefits, as well as loss of future earnings and loss of companionship.

In addition to a brain injury, FELA claims can also be filed for a range of other illnesses and conditions caused by exposure to toxic substances at work. Many former railroad workers, including those who were engineers, conductors, switchmen, carmen or machinists, suffer from cancers, including mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos silica dust chemical solvents weed killers and chemical solvents.

A knowledgeable attorney on your side will help you in navigating your FELA claim. In order to succeed in your case your lawyer needs to be aware of the ins and outs of FELA and other pertinent laws, including Occupational Safety and Health Administration regulations and the Boiler Inspection Act.

Work-related Diseases

A occupational disease is a sickness or injury that happens as an outcome of a person's job. Many occupational diseases are developed slowly over time, in contrast to the traumatic injuries caused by accidents at work or slips and falls. This is because of continuous exposure to harmful chemicals that are a part of one's daily work routine.

Many railroad workers are exposed to a wide range of hazardous chemicals at work. They often suffer from chronic illness and serious ailments because of it. Certain conditions may be life-threatening and require ongoing treatment. Fortunately there are compensation options available for railroad workers who have been injured.

Cancer is among the most common diseases. Several studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene which is a toxic compound and can cause blood cancers. It can be found in gasoline and certain wood preservatives and a few types of tar.


A lawsuit filed 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 harmful chemicals while working on the railroad. 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 the "soaking-wet" method, which left employees covered in chemicals from head to foot.

Wrongful Death

Railroad workers are exposed to a variety of toxic chemicals and cancer-causing substances on the job. Sadly some of these exposures cause premature deaths for workers and their loved ones. If a person dies prematurely because of the negligence of the railroad, it could be possible to claim compensation for the wrongful death. A seasoned Pennsylvania railroad injury attorney could investigate the circumstances of your loved one's death and determine if you might be entitled to compensation.

Damick argued during closing arguments that Brown did not realize that creosote could cause AML and that CNW had been aware of the toxicity for a long time. Damick also pointed out that the CNW was required to provide protective clothing in 1986, but didn't until Union Pacific bought it in 1996.

In Interstitial lung disease lawsuit where the FRA asserts willful misconduct, the railroad can be penalized and cited but it cannot be compensated for the penalty by its parent company, or by another institution, such as an organization for labor. Congress wanted penalties to can be used to deter individuals' behavior, which would be lessened, if they were not eliminated, by the possibility of being compensated for by a railroad or its affiliates. In the event that an railroad or an individual fails to agree to settle a penalty, the FRA will, through the Attorney General file a lawsuit in the appropriate United States district court.

Damages

Railroad workers are exposed to carcinogens every day and these toxic substances can cause various types of cancers and chronic illnesses including mesothelioma lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If a worker on the railroad is diagnosed with one of these illnesses and suspects that the condition may be the result of exposure while working or at work, they should seek out an attorney who specializes in railroad cancer.

In a recent Illinois case, a jury gave $50,000 to a railroad family of a worker who passed away from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 and 2008. He was exposed to creosote-coated railroad tie as part of his job as a maintenance-of-way employee. The jury found that his death was caused by his continuous exposure to these chemicals as well as other hazardous materials found on the railroad.

While this is a small verdict but it does show the potential for massive damages in the event of a FELA lawsuit. In such cases, railroads are responsible for medical costs as well as lost wages and other damages. A lawyer for railroads who has experience can help victims get the compensation they deserve.

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