How to File a Railroad LawsuitChemical solvents are a part of the daily work environment for many railroad employees. If you suffer from leukemia, and you suspect that your exposure at work is the reason, then you could be eligible for compensation.Unlike workers' comp claims, FELA suits allow plaintiffs to receive a wide range of damages. Learn more about FELA lawsuits and how you can make a claim of your own.Benzene Exposure LawsuitsThe chemical Benzene is made of petroleum that is found in crude oil, gasoline and diesel fuel. It is a clear or light yellow liquid that evaporates into a dangerous vapor once exposed to air. It is used to make chemicals, rubber and paints. It is also employed to clean machines and remove grease. Railroad workers typically handle or work with toxic chemicals as part of their job.Workers who are exposed to benzene while doing their jobs can develop numerous serious adverse effects, including leukemia and other cancers. The symptoms include fatigue, loss of appetite, nausea vomiting, hair loss and a general feeling of unwellness. Workers can also suffer from difficulties with concentration and memory loss.If an employee is diagnosed with one of these conditions and suffers from one of them, they can file a lawsuit against their employer under the Federal Employers Liability Act (FELA). In order to be awarded damages, the plaintiff must establish that his or her employment and exposure to the chemical was a significant reason for the development of the disease.Workers who have been exposed to the smears can also file wrongful death lawsuits against their employers. Damages for wrongful death can cover funeral expenses burial costs, emotional distress, and suffering and pain. These damages are calculated using the same methods that workers who receive FELA compensation are compensated.FELA LawsuitsRailroad companies are known for exposing workers to carcinogens such as asbestos, diesel exhaust and lead. This puts a lot of former workers on rails at a higher chance of developing serious occupational illnesses like mesothelioma and lung cancer as well as kidney cancer. These workers have the option to sue in order to obtain compensation for their injuries. The Federal Employers Liability Act (FELA) allows the workers to sue their employers under a different legal framework than traditional workers' compensation programs.Contrary to workers' compensation laws, FELA is a fault-based law that requires workers to prove that their negligence by their employer played a part in their injury or illness. If a worker can prove that the negligence of a railroad company contributed to their injury and/or illness, they are entitled to compensation for their losses. This includes a claim for lost wages, medical expenses and pain and suffering.Railroad companies typically employ aggressive and sophisticated litigation strategies to counter these claims. They can use arguments that the sick former worker can't pinpoint a specific instance of unhealthy exposure to toxic substances and cannot name a particular manufacturer of equipment or parts that contain harmful chemicals or toxins. A FELA attorney with experience in railroad injuries cases will be able to defend these arguments. They can also find evidence of negligence by the railroad from many sources, including third parties. Scleroderma lawsuit allows plaintiffs to sue on behalf of other people suffering similar injuries. The Plaintiff also referred to as a "class representative," sues a company (in this instance, BNSF Railway Company). The "class" is an entire group of people who have similar claims. In class actions, a single judge decides the case for the entire group. This is more efficient than individual lawsuits.If you are a class member, you may be entitled compensation for medical expenses and lost wages, as well as pain and discomfort as well as loss of enjoyment life, and other damages. You may also be entitled for wrongful-death damages if a loved one died of railroad-related leukemia.Railroad companies are required to provide their employees with a safe work environment. Unfortunately, many railroads do not fulfill this obligation. Workers are exposed to harmful industrial chemicals and diesel exhaust while working. This can cause cancer and other health problems.This Court has certified this Class and is advancing it to trial. The Court has not yet made a decision whether BNSF violated BIPA or what amount of money, if any, you may be eligible to receive. If and when the Court decides to rule, you will be notified about the best way to claim any benefits or money. You can determine if you are eligible to claim by reading the documents on this site. This includes the Court's order certifying the class, the Second Amended Complaint submitted by the Plaintiff, as well as BNSF's reply to the second Amended Complaint.Lawsuits for wrongful deathIn the event that a person has died due to a third party's negligence, the family of the victim can file a wrongful-death lawsuit. This type of lawsuit seeks to compensate the deceased's economic losses as well as their loss in affection and companionship, as well as any other personal pain. The family members who survive are compensated for the loss and expenses they will incur in the future. The spouse parents, children, siblings, nieces, nephews, or anyone else financially dependent upon the deceased could bring a wrongful death lawsuit.A wrongful death suit can be filed in the case of a fatal train accident to ensure that the railroad company is held accountable for the death of a loved one. Esophageal cancer lawsuit can help the family of the victim obtain the maximum settlement amount.A lawyer can review evidence in a wrongful-death suit involving a train accident, such as accident reports or physical evidence. Lawyers can also examine expert witness testimony and other sources to build the strongest case possible.In a recent wrongful-death action, a widow sued BNSF over her husband's death at a railroad crossing in Pontotoc County. The widow claimed BNSF did not provide sufficient warnings. Interstitial lung disease lawsuit claimed that the crossing was not equipped with automatic gates and that the flashing lights didn't provide accurate warnings of approaching trains. BNSF filed pretrial motions asserting that federal law preempted the widow's claims. The court denied BNSF's motions.