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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. A FELA lawyer can assist.

Plaintiffs claim they were exposed to degreasing substances and creosote, the 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 an act of law, permits railroad workers to sue their employers if they are injured during the course of their work. In contrast 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 their employer's negligence played a role in their injuries.

The FELA also provides different types of damages that an injured worker may be entitled to. These include medical costs as well as lost wages, suffering and pain. If cancer lawsuits suffers trauma to the head, they may also be entitled to benefits for permanent disability and total disability as well as future earnings and companionship loss.

In addition to a brain injury, FELA claims can also be filed for a range of other diseases and conditions which result from exposure to toxic substances at work. For instance, a lot of former railroad workers who worked as conductors, engineers carmen, switchmen office workers and machinists are now suffering from various types of cancer, including mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos silica dust as well as chemical solvents and the use of weed killers throughout their careers.

A FELA attorney with experience will help you navigate your claim successfully. To be successful, your attorney will need to be aware of the ins and outs of FELA and other relevant laws, including Occupational Safety and Health Administration regulations and the Boiler Inspection Act.

Occupational Diseases

A occupational illness is a disease or injury that happens as an outcome of a person's job. Many occupational diseases are developed slowly over time, unlike the traumatic injuries sustained from car accidents or workplace slips and falls. This is due to the constant exposure to toxic chemicals that are a part of the work routine.

Many railroad workers are exposed to a myriad of dangerous chemicals. As a result, they often suffer from serious illnesses and chronic health problems. Certain of these ailments could be life-threatening, and require ongoing treatment. Fortunately there are compensation options available to railroad workers who are injured.

Cancer is one of the most frequent illnesses. Numerous studies have found a link between cancer among railroad workers by exposure to diesel fumes, and other chemical hazards. These chemicals include benzene, which is a toxic compound and can cause cancers of the blood. Pancreatic cancer lawsuit is present in gasoline, 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 due to exposure to diesel exhaust and other toxic chemicals while working for the railroad. The worker was exposed to many toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad used an "soaking wet" method of treating rail ties, which left employees completely covered in the chemical.

Wrongful Death

On the job railroad workers are exposed a wide range of cancer-causing chemicals. Unfortunately, a few of these exposures cause premature death among workers and their families. If Bladder cancer lawsuit dies prematurely due to the negligence of a railroad, it may be possible to claim compensation for the wrongful death. An experienced Pennsylvania railroad injury lawyer can analyze the circumstances surrounding the death of your loved one and determine whether you may be eligible for 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 chemical for a number of years. Damick also pointed out that the CNW was required to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.

In the event that FRA alleges that the railroad acted in a willful manner, it can be penalized, cited, and fined however its parent company, or any other institution, such as the union, cannot pay the railroad for the penalty. Congress intended that penalties can be used to deter individual behavior that would be lessened, if they were not eliminated, by the possibility of being paid for by a railroad or its affiliates. If a railroad refuses to pay a fine, the FRA through the Attorney-General will pursue the appropriate United States District Court.

Damages


Railroad workers are exposed to carcinogens on a daily basis, and these toxic substances can trigger a variety of cancer and chronic illnesses such as mesothelioma and lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If someone is diagnosed with one of these conditions and believes that their condition is the result of exposure at workplace, they should talk to an experienced railroad cancer attorney.

In a recent trial, an Illinois jury awarded $50,000 to the family of a railroad employee who passed away from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 until 2008. He was exposed to creosote coated railroad ties as part of his job as a maintenance-of way worker. The jury found that his wrongful death was the result of his long-term exposure to these chemicals as well as other hazardous substances on the railroad.

While this verdict is small but it does show the potential for huge damages in a FELA lawsuit. In such cases, railroads are responsible for medical expenses along with lost wages and other damages. A lawyer for railroads who has experience can help victims receive the amount of compensation they deserve.

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