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Railroad Lawsuit Colon Cancer: The Ugly Truth About Railroad Lawsuit Colon Cancer
How to File a Railroad Lawsuit

Compensation may be available for railroad workers who develop a disease as a result of their work. A FELA lawyer could help.

Plaintiffs claim they were exposed to creosote (the generic name for coal tar) and degreasing solvents while working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.

FELA

The Federal Employers Liability Act (FELA) is an act that permits railroad workers and their families to sue their employers when they get hurt on the job. Contrary to workers' compensation laws which provide financial compensation regardless of the manner in which an injury caused, FELA is a fault-based law that requires railroad workers injured to prove that negligence on the part of their employer played the role in their injuries.

The FELA also defines different types of damages an injured worker may be entitled to. These include medical costs, lost wages and suffering and pain. Additionally, if a victim suffers a brain injury, he or she may be entitled to permanent and total disability benefits, along with loss of future earnings and loss of companionship.

FELA claims aren't limited to traumatic brain injuries. They may also be filed in the event of a myriad of other diseases and conditions triggered by exposure to toxic chemicals. Many former railroad workers, for example engineers, conductors or switchmen carmen, machinists or carmen, are currently suffering from cancers like mesothelioma. The former railroad workers have been exposed to diesel fumes, asbestos silica dust and chemical solvents and the use of weed killers throughout their careers.

An experienced lawyer on your side can help you successfully navigate your FELA claim. Leukemia lawsuit will have to be knowledgeable about 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 illness is a disease or injury that is a a result if one's occupation. Unlike traumatic injuries such as those incurred in workplace accidents or car accidents, many occupational diseases are developed gradually over time. This is because of the constant exposure to toxic chemicals as part of a daily work routine.

Many railroad workers are exposed to a broad range of dangerous chemicals working. They often suffer from chronic illnesses and serious illnesses due to this. Some of these conditions may be life-threatening and require ongoing treatment. There are compensations available for railroad employees who have been injured.

One of the most prevalent illnesses is cancer. Numerous studies have connected cancer in railroad workers by exposure to diesel fumes, and other chemical hazards. These chemicals include benzene which is a poisonous substance that can cause cancers of the blood. It is present in gasoline, some kinds of wood preservatives as well as certain kinds of tar.

A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for over 30 years was diagnosed with lung cancer due to exposure to diesel exhaust and other toxic chemicals while working for the railroad. The employee was exposed to a number of harmful substances, such as creosote that was coated on rail ties. The lawsuit alleges that the railroad company treated rail ties with a "soaking-wet" method that exposed employees to chemicals from head to foot.

Wrongful Death

Railroad employees are exposed various toxic chemicals and cancer-causing substances on the job. Unfortunately, a few of these exposures result in premature deaths among employees and their families. If a person's untimely death is the result of negligence by a railroad company or omission, it's possible to pursue wrongful death claims. An experienced Pennsylvania railroad injury lawyer will analyze the circumstances surrounding the death of a loved one and determine if you may be legally entitled to compensation.

In closing arguments Damick argued that Brown was not aware that creosote may cause AML and that the CNW was aware of the dangers of this substance for years. Damick also noted that the CNW was required to provide protective clothing in 1986, but didn't do so until it was acquired by Union Pacific in 1996.

In cases where the FRA asserts willful misconduct, the railroad can be cited and penalized and not be compensated for the penalty by its parent company or another organization, like an union. Congress intended for penalties to have a deterrent effect on individuals' behavior, and they would be reduced or eliminated if the railroad, or its affiliates, were to pay for them. In the unlikely event that an railroad or an individual fails to agree to settle any penalty then the FRA will through the Attorney General take action in the appropriate United States district court.

cancer lawsuits are exposed to carcinogens each day. These harmful substances can cause a variety of cancers and chronic illnesses, including mesothelioma and lung cancer. If Bladder cancer lawsuit is diagnosed with one of these conditions and suspects that the condition may be due to exposure while working or at work, they should seek out an attorney who specializes in railroad cancer.

In a recent case, an Illinois jury gave $50,000 to the family of a railroad worker who died of mesothelioma. The plaintiff worked for 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 ties in the course of his work as a maintenance worker. The jury concluded that his death was caused by his continuous exposure to these chemicals and other hazardous materials found on the railroad.

While this verdict is small, it demonstrates the potential for substantial damages in the event of a FELA lawsuit. In these cases railroads are accountable for medical costs along with lost wages and other damages. A railroad cancer lawyer who has experience can help victims receive the justice they deserve.


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