How to File Railroad Cancer Lawsuit Settlements may be available to railroad workers who contract a bacterial disease due to their job. Contacting a FELA attorney can assist.
Plaintiffs claim that 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 that permits railroad employees and their families to file lawsuits against their employers if they get injured on the job. Unlike workers' comp statutes that provide financial compensation no matter how an injury is caused, FELA requires injured railroad employees to prove that their employer's negligence contributed to their injuries.
The FELA also specifies several types of compensation that injured workers may receive. This includes medical expenses loss of wages, suffering and pain. In addition, if a victim suffers a traumatic brain injury, he/she she may be entitled to permanent and total disability benefits in addition to loss of future earnings and loss of companionship.
In addition to a brain injury, FELA claims can also be filed for a variety of other ailments and diseases which result from exposure to toxic substances at work. For example, many former railroad workers who were conductors, engineers carmen, switchmen office workers and machinists suffer from different forms of cancer, including mesothelioma. These former railroad workers have been exposed to diesel fumes, asbestos, silica dust, chemical solvents, and weed killers during their careers.
A FELA attorney with years of experience can assist you in navigating your claim to the best of your ability. Your attorney will have to be aware of FELA and other laws that pertain to your case. These include the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
An occupational disease is a condition or injury which develops as a consequence of one's job. Many occupational diseases are developed slowly over time, in contrast to traumatizing injuries like those suffered in accidents at work or slips and falls. This is due to continual exposure to toxic chemicals that are part of one's daily work routine.
Many railroad workers are exposed range of dangerous chemicals working. They often suffer from chronic illnesses and serious ailments because of it. Certain conditions may be life-threatening and require continual treatment. Fortunately there are compensations for railroad workers who have been injured.
Cancer is one of the most common illnesses. Numerous studies have found a link between cancer among railroad workers with 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, a few types of wood preservatives and certain 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 was diagnosed with lung carcinoma as a result exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a number of hazardous substances, including creosote coated rail ties. The lawsuit alleges that the railroad company treated rail ties using the "soaking-wet" method that exposed employees to chemicals from head to foot.
Wrongful Death
While working, railroad employees are exposed many cancer-causing chemicals. Sadly certain exposures can cause premature death for workers and their families. If a person's premature death is the result of negligence by a railroad company it is possible to pursue wrongful death claims. An experienced Pennsylvania railroad injury lawyer could analyze the circumstances surrounding the death of your loved one and determine if you might be eligible for 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 toxicity for years. He also noted that the CNW was required to provide protective clothing beginning in 1986, but didn't until Union Pacific bought it in 1996.
In the event that the FRA claims willful conduct, the railroad can be punished and cited and not be compensated for the penalty by its parent company or any other institution, such as an organization for workers. Congress intended that penalties have a deterrent effect on individuals' behavior, and they would be lessened or eliminated if a railroad, or its affiliates, paid for them. In the unlikely event that an individual or railroad does not agree to pay any penalty then the FRA will, through the Attorney General sue in the appropriate United States district court.
Damages
Railroad workers are exposed to carcinogens daily and these harmful substances can trigger a variety of cancer and chronic illnesses including mesothelioma, lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If someone has been diagnosed with one of these conditions and suspects that the condition is due to 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 died from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 to 2008. As a maintenance worker he was exposed to creosote laced railroad ties. The jury determined that his death was caused by the long-term exposure of these chemicals and other hazardous materials on the railroad.
This verdict, while small but it shows the possibility of substantial damages in a FELA suit. Railroads are liable for the medical expenses, lost income and other losses that employees suffer in cases like this. A railroad cancer lawyer with experience can assist victims receive the compensation they deserve.