How to File a Railroad LawsuitChemical solvents are a part of the daily work environment for many railroad workers. If you have leukemia and suspect that your exposure at work is the reason, then you could be eligible for to compensation.In contrast to workers' compensation claims, FELA suits allow plaintiffs to receive a wide range of damages. Find out more about FELA lawsuits and how you can file your own claim.Benzene Exposure LawsuitsBenzene, which is a petroleum-based material is present in diesel fuel and gasoline. pulmonary fibrosis lawsuit is transparent or light yellow liquid that evaporates into a hazardous vapor when exposed to air. It is used to make of rubber, chemicals and paints. It is also used as solvents to clean equipment and remove grease from machines. Railroad workers are often exposed to or utilize these hazardous chemicals as part their work.Workers exposed to benzene while at work can develop leukemia or cancers. These symptoms include fatigue, loss of appetite, nausea vomiting, hair loss and general feeling of sickness. People may also experience a loss of memory and trouble concentrating.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 awarded damages, the plaintiff must prove that their employment and exposure to the chemical was a significant contributing factor to the development of the disease.Workers who have been exposed can also bring wrongful death suits against their employers. Wrongful death damages can be used to cover funeral expenses funeral costs, burial expenses emotional distress, pain and suffering. These damages are usually calculated using the same methods as workers who receive FELA compensation.FELA LawsuitsRailroad companies are notorious for exposure to carcinogens such as diesel exhaust, asbestos and lead. Unfortunately this puts many former railroad workers at a higher risk of developing serious occupational illnesses such as mesothelioma or lung cancer. Fortunately for them, they are entitled to bring a lawsuit in order to receive compensation for their injuries and losses. The Federal Employers Liability Act (FELA) permits employees to sue employers in a different legal framework than traditional workers compensation programs.In contrast to the workers' compensation laws, FELA requires employees to prove that the negligence of their employer contributed to their injury or illness. If an employee can demonstrate that the negligence of a railroad business contributed to their injury they can claim compensation for the losses they suffered. This includes claims for lost wages, medical expenses as well as pain and suffering.Railroad corporations often use sophisticated and abrasive legal strategies to fight these claims. They may use arguments that the sick former worker can't pinpoint any specific instance of ill-health exposure to toxic substances, and can't name a manufacturer of equipment or parts that contain harmful chemicals or toxins. A knowledgeable FELA attorney who specializes in railroad injury cases can fight back against these defenses. They can also gather evidence of the railroad's negligent behavior from various sources, including third-parties.Class Action LawsuitsA class action lawsuit permits one plaintiff to sue others who have suffered similar injuries. The Plaintiff is referred to as"class representative "class representative," sues a company (in this case, BNSF Railway Company). The "class" is an association of people who have similar claims. In class actions, a single judge decides the case for the entire group. This is more efficient than having many individual lawsuits.If you are a member of the Class, you may be entitled to compensation for medical expenses loss of earnings, pain and suffering loss of enjoyment of life, and other damages. Additionally, you could be entitled to damages for wrongful deaths if your loved one died due to his or her railroad-related leukemia.Railroad companies have a responsibility to provide a safe work environment for their workers. Unfortunately the majority of railroads fail comply with this requirement and employees are exposed to harmful industrial solvents and diesel exhaust while at their job. This can lead to cancer and other health issues that can last for a long time.This Court has formally certified this class and is advancing it to trial. It has not yet decided whether BNSF violated BIPA or what amount of money or benefits you might receive. You will be informed of the decision if and when the Court decides. You can determine if are eligible for a claim by examining the documents available on this site. These include the Court's order of certification of the class, the Second Amended Complaint filed by the Plaintiff and BNSF's response to the Second Amended Complaint.Wrongful Death LawsuitsIn the event that someone has died because of another's negligence, the family of the victim can file a wrongful-death lawsuit. This type of claim seeks to compensate the deceased's financial losses as well as their loss in affection and companionship, as well as any other personal suffering. It also compensates surviving family members for their losses and costs that will continue into the future. The spouse, children, parents, siblings, nieces, nephews, or anyone else financially dependent upon the deceased may file a wrongful death lawsuit.In the event of a fatal railroad crash an wrongful-death lawsuit can make the railroad company accountable for the death of a loved-one. An attorney for train accidents can help the victim's family to get the most money possible.For instance in a wrongful death lawsuit involving the aftermath of a train crash an attorney could review the facts of the case, such as accident reports as well as physical evidence. The lawyer can also analyze expert witness testimony and other sources to construct the strongest case possible.In a case of wrongful death, a wife sued BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. The widow claimed that BNSF failed to provide adequate warnings. She argued the crossing did not have automatic gates and that the lights that flashed did not give reliable warnings that a train was coming. BNSF filed pretrial motions asserting that federal law preempted widow's claims. The court denied BNSF's motions.