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How to File a Railroad Lawsuit

Compensation may be available to railroad workers who contract a disease due to their job. Contacting an FELA attorney can help.

Plaintiffs claim that they were exposed to degreasing substances and creosote, a generic name for coal tar working for Chicago & North Western Railway Company and its successor union pacific railroad lawsuits 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. In contrast to workers' compensation statutes which provide financial aid no matter how an injury was caused, FELA requires injured railroad employees to prove that their employer's negligent actions contributed to their injuries.

The FELA also outlines a variety of different types of damages that an injured worker can receive. These include medical expenses, lost wages and pain and suffering. If the victim is suffering from a traumatic head injury they could also be entitled to permanent disability benefits and total disability and future earnings and companionship loss.

In addition to a brain injury, FELA claims can also be filed for a variety of other ailments and diseases that result from toxic exposures at work. Many former railroad class action lawsuit workers, such as those who were conductors, engineers, switchmen, carmen or machinists, are currently suffering from cancers including mesothelioma. These former railroad workers were exposed to asbestos, diesel fumes, silica dust, chemical solvents and chemical weed killers during their time in the industry.

A FELA lawyer with experience can help you navigate your claim in a successful manner. To be successful, your attorney will need to be aware of the ins and outs of FELA and other pertinent laws, including Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.

Work-related Diseases

A occupational illness is a condition 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 suffered in accidents at work or slips and falls. This is due to continuous exposure to harmful chemicals that are a part of a person's work routine.

Many railroad workers are exposed to a diverse range of dangerous chemicals while at work. They are often suffering from chronic illnesses and serious illnesses due to this. 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 diseases. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene. It is a toxic chemical and can cause blood cancers. It is found in gasoline and some wood preservatives and certain types of tar.

A lawsuit filed lawsuits against union pacific railroad CNW and Union Pacific alleged that a former employee who worked for the railroad cancer lawsuit for over 30 years was diagnosed with lung cancer as a result of exposure to diesel exhaust and other toxic chemicals while working for the railroad. The employee was exposed to a variety of hazardous substances, including creosote-coated rail ties. The lawsuit claims that the railroad company treated rail ties using the "soaking-wet" method, which caused employees to be covered in chemicals from head to foot.

Wrongful Death

While working railroad workers are exposed to many cancer-causing chemicals. Sadly certain exposures cause premature deaths for workers and their loved ones. If the death of a person is the result of the negligence of a railroad company and/or carelessness, they may be able to file a lawsuit for wrongful deaths. A Pennsylvania railroad injury lawyer will examine the circumstances surrounding your loved one's untimely death and determine if you are entitled to compensation.

Damick in his closing arguments argued that Brown did not realize that creosote can cause AML, and that CNW was aware of the dangers for years. 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 cases where FRA declares that the railroad acted in a willful manner and obnoxious, it may be cited, penalized and fined but its parent company, or another institution, like a union, cannot reimburse the railroad for the penalty. Congress wanted penalties to have a deterrent effect on individual behavior, and that it would be lessened, if not eliminated, because of the possibility of being compensated for by the railroad or its affiliates. In the event that an railroad or individual doesn't accept a settlement of a penalty or other fine, the FRA will through the Attorney General file a class action lawsuit against union pacific railroad in the appropriate United States district court.

Damages

Rail workers are exposed to carcinogens each day. These carcinogens can cause a variety of diseases and cancers, including lung cancer and mesothelioma. If someone is diagnosed with one of these diseases and believes that their condition is the result of exposure at workplace, they should talk to an experienced attorney for railroad cancer.

In a recent Illinois case the jury gave $50,000 to a railroad family member who passed away from mesothelioma. The plaintiff worked from 1976 to 2008 for the Chicago & North Western Railway and its successor union pacific railroad lawsuit - go to website - Pacific Railroad Company. As a maintenance worker the plaintiff was exposed to creosote laced railroad ties. The jury ruled that his death was caused by long-term exposure to these chemicals, as well as other hazardous materials on the railroad.

The decision, while not huge, shows the potential for substantial damages in the event of a FELA lawsuit. In such cases railroads are accountable for Union pacific railroad lawsuit medical expenses along with lost wages and other damages. An experienced railroad cancer lawyer could assist victims to obtain the compensation they are entitled to.