How to File a Railroad LawsuitMany railroad workers are exposed to chemical solvents on a daily basis. If mesothelioma lung cancer lawsuit contracted leukemia while working for a railroad and suspect that workplace exposure was the cause, you may be entitled to compensation.Unlike workers' comp claims, FELA suits allow plaintiffs to receive damages in unlimited amounts. Find out more about FELA lawsuits and how to file your own claim.Benzene Exposure LawsuitsBenzene is a petroleum-based compound, is found in diesel fuel and gasoline. It is a light yellow or clear liquid that evaporates into a hazardous vapor when exposed to air. It is used to manufacture chemicals, rubber and paints. It can also be employed to clean machines and remove grease. As part of their job railroad workers handle or utilize toxic chemicals.Workers exposed to benzene during work can develop leukemia or cancers. Symptoms include fatigue, loss of appetite, nausea vomiting, hair loss and an overall feeling of being unwell. Workers may also be affected by memory loss and concentration problems.If a worker is diagnosed with one of these illnesses and suffers from one of these illnesses, they may sue their employer under the Federal Employers Liability Act. To be able for damages, a worker must prove that his or her employment and exposure to a chemical was a significant cause.Workers who have been exposed can also file wrongful death lawsuits against their employers. Wrongful death damages can cover funeral and burial costs and future loss of wages, emotional distress, and suffering and pain. These damages are typically calculated using the same method that workers receive FELA compensation.FELA LawsuitsRailroad companies are known for exposure to carcinogens like asbestos, diesel exhaust and lead. This puts a lot of former railroad workers at an increased threat of developing serious occupational diseases like mesothelioma and lung cancer as well as kidney cancer. Fortunately, these workers are able to bring a lawsuit in order to receive compensation for their injuries and losses. The Federal Employers Liability (FELA) Act permits these workers to sue employers under an legal framework that is distinct from traditional workers' compensation programs.In contrast to the workers' compensation statutes, FELA is a fault-based law that requires employees to prove their employer's negligence was a factor in their illness or injury. If an employee can show that the negligence of a railroad business caused their injury and/or illness, they are entitled to damages for the losses they suffered. This includes a claim to recover the cost of medical expenses, lost wages as well as pain and discomfort.Unfortunately, railroad corporations fight these claims with sophisticated and often aggressive litigation strategies. These defenses can include the argument that the worker cannot pinpoint the specific incident in which toxic substances were ingested and cannot identify a specific manufacturer or component that contained toxic chemicals or toxic substances. A FELA attorney who has experience with railroad injury claims will be able to combat these defenses. They can also discover evidence of negligence on the part of the railroad from different sources, including third party.Class Action LawsuitsA class action lawsuit permits one plaintiff to sue others who have suffered similar injuries. The Plaintiff is referred to as a "class representative," sues a company (in this instance, BNSF Railway Company). The "class" is a group of individuals with similar claims. In class cases, a single court decides the case for the entire group. This is more efficient than pursuing many individual lawsuits.If you are a class member, you may be entitled compensation for medical expenses and lost wages, as well as discomfort and pain as well as loss of enjoyment life, and other damages. Additionally, you could be entitled to damages for wrongful death if a loved one died due to his or her railroad-related leukemia.Railroad companies are bound to provide a safe work environment for their workers. However many railroads do not fulfill this obligation, and workers are exposed to harmful industrial solvents and diesel exhaust while at their jobs. This can cause cancer and other health issues.This Court has formally certified this class and is advancing it towards trial. It is not yet deciding whether BNSF violated BIPA or how much money, if any, you might receive. If and when the Court does decide to rule in your favor, you will be advised about the procedure to receive any money or benefits. You can determine if are eligible for a claim by looking over the documents available on this site. This includes the Court's order to certify the class, the Second Amended Complaint submitted by the Plaintiff and BNSF's answer to the Second Amended Complaint.Lawsuits involving Wrongful DeathThe family of the victim may make a claim for wrongful death if a person died due to the negligence of another. This type of claim seeks compensation for the loss of the deceased's earnings in the form of loss of companionship, affection and other personal pain. The family members who survive are compensated for their losses and costs they'll face in the future. The spouse, children, parents siblings, nieces and nephews or anyone else who was financially dependent on the deceased may file a wrongful death lawsuit.A wrongful death suit can be filed in the case of a fatal train crash to ensure that the railroad company is held accountable for the death of a loved-one. An attorney for train accidents can help the family of the victim to receive the maximum amount of compensation.For example in a wrongful-death suit involving the aftermath of a train crash an attorney could look over the facts of the case, including accident reports and physical evidence. Lawyers can also examine expert witness testimony and other sources to construct the strongest possible case.In a recent wrongful-death lawsuit, a widow sued BNSF over her husband's death at a railroad crossing in Pontotoc County. The widow claimed BNSF did not provide adequate warnings. She claimed that the crossing didn't have automated gates and that the flashing lights did not provide reliable warnings of an approaching train. BNSF made pretrial motions to argue that federal law preempted the widow's claims. The court denied BNSF’s motions.