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    10 TellTale Signs You Must See To Look For A New Railroad Lawsuit Colon Cancer

    How to File a Railroad Lawsuit

    Compensation is available to railroad workers who develop a disease because of their work. Contacting an FELA attorney can assist.

    Plaintiffs claim that they were exposed to degreasing agents and creosote, the generic name for coal tar, while working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.

    FELA

    The Federal Employers Liability Act (FELA) is a law that allows railroad workers and their families to sue their employers if they are injured on the job. In lung cancer lawsuit to workers' compensation laws that offer financial compensation irrespective of how an injury was caused, FELA is a fault-based law that requires injured railroad employees to show that their employer's negligence played an impact on their injuries.

    The FELA also provides a variety of damages that an injured worker can receive. Medical expenses, lost wages, and pain and discomfort are all covered. If the victim suffers a traumatic head injury, they may 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 range of other illnesses and conditions which result from exposure to toxic substances at work. Many former railroad workers, such as engineers, conductors, switchmen carmen, machinists or carmen, suffer from cancers including mesothelioma. The former railroad workers have been exposed to asbestos, diesel fumes silica dust, chemical solvents, and chemical weed killers during their time in the industry.

    A FELA attorney with years of experience can help you navigate your claim with ease. To be successful in your case your lawyer needs to be familiar with the ins and outs of FELA and other relevant laws such as Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.

    Occupational Diseases

    A workplace disease is a sickness or injury that occurs as the result of one's job. Contrary to traumatic injuries like those that occur in workplace accidents or car falls, many occupational illnesses develop gradually over time. This is due to continuous exposure to harmful chemicals that are a part of the daily routine at work.

    Many railroad employees are exposed to a myriad of dangerous chemicals. Because of this, they are frequently suffering from serious illnesses and chronic health problems. railroad lawsuit of these conditions can be life-threatening, and require ongoing treatment. There are compensations available to railroad workers who have been injured.

    One of the most prevalent illnesses is cancer. Several studies have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene, which is a toxic compound and can cause blood cancers. It is found in gasoline, a few kinds of wood preservatives and certain kinds 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 range of toxic substances, including creosote coating rail ties. The lawsuit asserts that the railroad company treated rail ties with the "soaking-wet" method, which exposed employees to chemicals from head to foot.

    Wrongful Death





    While working railroad workers are exposed a wide range of cancer-causing chemicals. Unfortunately, some of these exposures cause premature death among workers and their families. If someone dies prematurely because of the negligence of an railroad, it may be possible to pursue them for wrongful death. A seasoned Pennsylvania railroad injury lawyer could look into the circumstances that led to the death of your loved one and determine if you might be legally entitled to compensation.

    Damick in his closing arguments argued that Brown did not know that creosote was a cause of AML and that CNW was aware of the toxicity for years. Damick also noted that the CNW was required to provide protective clothing beginning in 1986, but didn't provide protective clothing until it was purchased by Union Pacific in 1996.

    In cancer lawsuits where FRA alleges that the railroad acted in a willful manner and obnoxious, it may be penalized, cited and fined but its parent company, or another institution, such as an union, are not able to compensate the railroad for this penalty. Congress was intent on ensuring that penalties be deterrent to individual behavior. These penalties would be reduced or eliminated if the railroad, or its affiliates, paid for them. In the unlikely event that an railroad or individual doesn't agree to settle any penalty, the FRA will through the Attorney General bring suit in the appropriate United States district court.

    Damages

    Railroad workers are exposed carcinogens on a daily basis, and these toxic substances can cause many different types of cancers and chronic illnesses including mesothelioma lung cancer, esophageal carcinoma and non-Hodgkin's lymphoma. If a railroad worker is diagnosed with one of these ailments, and suspects that their condition could be due to exposure while on the job and they want to consult an attorney who specializes in railroad cancer.

    In a recent Illinois case, a jury awarded $50,000 to a railway family of a worker who passed away from mesothelioma. The plaintiff worked between 1976 to 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. He was exposed to creosote coated railroad ties in the course of his job as a maintenance-of-way worker. The jury concluded that his wrongful death was caused by his long-term exposure to these chemicals and other hazardous substances on the railroad.

    This decision, although small but it shows the possibility of substantial damages in the event of a FELA suit. Railroads are liable for the medical expenses, lost income and other losses suffered by their employees in situations like this. A lawyer for railroads with experience can assist victims get the amount of compensation they deserve.