How to File a Railroad Lawsuit
Railroad workers who develop an illness or disease related to occupational exposure may be eligible for compensation. A FELA lawyer could be of assistance.
Plaintiffs claim that they were exposed to creosote (the generic name for coal tar) and degreasing solvents working for Chicago & North Western Railway and its successor, Union Pacific Railroad Company.
FELA
The Federal Employers Liability Act (FELA) is which is a law, permits railroad employees to sue their employers when they suffer injuries while on the job. Contrary to workers' compensation laws that provide financial compensation regardless of the way in which injuries were caused, FELA is a fault-based law that requires injured railroad employees to show that their employer's negligence played the role in their injuries.
The FELA also sets out several different types of damages that workers injured in an accident can claim. This includes medical expenses, lost wages and pain and suffering. If the victim is suffering from trauma to the head, they may also be entitled to benefits for permanent disability and total disability in the future, as well as future earnings and loss of companionship.
In addition to a traumatic brain injury, FELA claims can also be filed for a range of other ailments and diseases that are caused by toxic exposures at work. For instance, a large number of former railroad workers who worked as conductors, engineers and switchmen, carmen office workers, and machinists are suffering from various forms of cancer, such as mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos, silica dust, chemical solvents, and weed killers during their careers.
Having an experienced attorney by your side can help you get through your FELA claim. To succeed in your case your lawyer will need to know the ins & outs of FELA as well as other relevant laws like Occupational Safety and Health Administration regulations and the Boiler Inspection Act.
Occupational Diseases
A workplace-related illness is a condition or injury that is a an outcome of a person's job. Unlike traumatic injuries such as those incurred in car accidents or workplace falls, many occupational ailments are developed gradually over time. This is due to continual exposure to toxic chemicals that are a part of the routine of work.
Many railroad workers are exposed to a broad variety of hazardous chemicals at work. They are often suffering from chronic illness and serious illnesses as a result. Certain conditions may be life-threatening, and require ongoing care. Fortunately there are compensation options available for injured railroad workers.
One of the most prevalent illnesses is cancer. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene, which is a toxic chemical that can cause blood cancers as well as other diseases. It is found in gasoline and some wood preservatives and a few types of tar.
A lawsuit brought against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years, developed lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed a number of hazardous chemicals, including creosote that was coated on rail ties. The lawsuit claims that the railroad company treated rail ties with the "soaking-wet" method, which exposed employees to chemicals from head to toe.
Wrongful Death
On the job railroad workers are exposed to an array of cancer-causing chemicals. Unfortunately, some of these exposures can cause premature deaths among employees and their families. If a person dies early due to the negligence of the railroad, it could be possible to claim compensation for the wrongful death. A Pennsylvania railroad injury lawyer will look into the circumstances leading to the death of your loved one and determine if you're entitled to compensation.
Damick made the argument during closing arguments that Brown did not realize that creosote can cause AML, and that CNW had been aware of the dangers for a long time. Damick also pointed out that the CNW had to provide protective clothing beginning in 1986, but didn't until Union Pacific bought it in 1996.
In the event that the FRA asserts willful misconduct or willful conduct, the railroad could be punished and cited, but cannot be indemnified for that penalty by its parent company or any other institution such as an organization for labor. Congress wanted penalties to could have a deterrent effect on individuals' behavior, which would be lessened, if not removed, by the possibility of being compensated for by a railroad or its affiliates. If cancer lawsuit or railroad refuses to settle a fine, the FRA through the Attorney General will pursue the appropriate United States District Court.
Damages
Railroad workers are exposed to carcinogens every day and these toxic substances can cause many different types of cancer and chronic diseases including mesothelioma lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If a worker on the railroad is diagnosed with one of these diseases, and suspects that their condition could be due to exposure to carcinogens on the job and they want to consult an attorney for 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 was employed between 1976 until 2008 for the Chicago & North Western Railway and its successor Union Pacific Railroad Company. As a maintenance worker, he was exposed for a long time to creosote-coated railroad ties. The jury found that his death was the result of long-term exposure to these chemicals, as well as other dangerous materials on the railroad.
The decision, while not huge, shows the potential for substantial damages in the event of a FELA suit. Railroads are accountable for medical expenses as well as lost income and other losses that employees suffer in situations like this. A skilled lawyer for railroads could assist victims to obtain the justice they deserve.