How to File a Railroad Lawsuit
Railroad workers who develop a disease or illness related to exposure to the workplace may be eligible for compensation. Contacting an FELA attorney can assist.
Plaintiffs claim 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 an act that permits railroad employees and their families to file lawsuits against their employers if they get injured on the job. As opposed to workers' compensation laws which provide financial aid regardless of the way in which an injury occurs, FELA requires injured railroad employees prove that their employer's negligence caused their injuries.
The FELA also provides a variety of damages a worker injured can be awarded. Medical expenses, lost wages and pain and discomfort are all included. If the victim suffers a traumatic head injury they could also be eligible for 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 variety of other illnesses and conditions which result from exposure to toxic substances at work. For example, many former railroad workers who worked as engineers, conductors and switchmen, carmen office workers and machinists are currently suffering from various types of cancer, including mesothelioma. These former railroad employees were exposed to asbestos, diesel fumes silica dust chemical solvents, weed killers and chemical solvents.
An experienced attorney at your side can help in navigating your FELA claim. To succeed in your case your lawyer needs to know the ins and outs of FELA and other relevant laws like Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
An occupational disease is an illness or injury which develops as a consequence of one's job. Many occupational diseases develop slowly over time, in contrast to traumatizing injuries like those that result from accidents at work or slips and falls. This is due to constant exposure to harmful chemicals that are a part of the routine of work.
Many railroad employees are exposed to a myriad of dangerous chemicals. They often suffer from chronic illness and serious illnesses due to this. Certain of these ailments can be life-threatening and require continual treatment. Fortunately, there are compensations available for injured railroad workers.
Cancer is one of the most prevalent illnesses. Several studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene which is a noxious substance that can cause blood cancers as well as other illnesses. It can be found in gasoline as well as certain wood preservatives and certain types of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years was diagnosed with lung cancer due to exposure to diesel exhaust and other harmful chemicals while working on the railroad. The employee was exposed to a number of hazardous chemicals, including creosote coated rail ties. The lawsuit alleges that the railroad used an "soaking wet" method of treating rail ties, leaving employees completely covered in the chemicals.
Wrongful Death
On the job, railroad employees are exposed various cancer-causing chemicals. Unfortunately, some of these exposures cause premature deaths among the workers and their families. If a person's death is due to the negligence of a railroad business or omission, it's possible to bring a lawsuit for wrongful death. A knowledgeable Pennsylvania railroad injury lawyer could investigate the circumstances of the death of your loved one and determine if you might be legally entitled to compensation.
In closing arguments Damick argued that Brown did not know that creosote may cause AML and that the CNW was aware of the toxicity of this substance for many years. He also pointed out that the CNW was required to provide protective clothing starting in 1986, but did not provide protective clothing until it was acquired by Union Pacific in 1996.
In the event that the FRA asserts willful misconduct, the railroad can be penalized and cited however, it is not able to be compensated for the penalty by its parent company or any other institution like an organization for workers. Congress wanted penalties to can be used to deter individual behavior, and that it would be lessened, if they were not removed, by the possibility of being paid for by the railroad or its affiliates. In the unlikely event that an railroad or individual doesn't agree to settle a penalty or other fine, the FRA will, through the Attorney General sue in the appropriate United States district court.
Damages
Rail workers are exposed to carcinogens all day. These toxic substances can cause a variety cancers and chronic illnesses, including mesothelioma and lung cancer. If railroad lawsuits on the railroad is diagnosed with one of these illnesses and suspects that their condition could be due to exposure on the job and is unsure, they should speak with an attorney who specializes in railroad cancer.
In a recent Illinois case the jury gave $50,000 to a railroad family member who passed away from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 until 2008. As a maintenance worker, he was exposed to creosote-coated railroad tie. The jury found that his death was caused by long-term exposure of these chemicals and other hazardous materials on the railroad.
This decision, although small but it shows the possibility of substantial damages in a FELA lawsuit. In cases like this, railroads are responsible for medical costs along with lost wages and other damages. A skilled lawyer for railroads could assist victims to obtain the justice they deserve.