How to File a Railroad LawsuitChemical solvents are part of the daily work environment for many railroad workers. If cancer lawsuits develop leukemia after working for an railroad and believe that your exposure to the workplace caused it could be due to compensation.Contrary to claims for workers' compensation, FELA suits allow plaintiffs to receive a wide range of damages. Find out more about FELA claims and how to file your claim.Benzene Exposure LawsuitsBenzene is a petroleum-based chemical that can be found in crude oil, gasoline and diesel fuel. It is transparent or light yellow that vaporizes when exposed to the air. It is used in the production of chemicals, rubber, and paints. It can also be used to clean machines and remove grease. In the course of their work railroad workers work with 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 a general feeling of unwellness. Workers can also be affected by memory loss and difficulty concentrating.If a worker is diagnosed with one of these ailments, he or she can file a lawsuit against their employer under the Federal Employers Liability Act (FELA). In order to receive damages, the plaintiff must prove that his or her work and exposure to the chemical was a significant cause of the illness.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 as well as emotional distress, suffering. cancer lawsuits are typically calculated using the same method as workers who are awarded FELA compensation.FELA LawsuitsRailroad companies are notoriously known for exposing their workers to carcinogens such as asbestos, diesel exhaust and lead. Unfortunately this puts former railroad workers at an increased risk of developing serious occupational diseases such as mesothelioma or lung cancer. Fortunately, these individuals can pursue a lawsuit to seek compensation for their losses and injuries. The Federal Employers Liability Act (FELA) allows employees to sue employers under a distinct legal framework than traditional workers compensation programs.Unlike workers' comp 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 negligence by a railroad company contributed to their injury or illness and they are entitled to damages. This includes a claim for medical expenses, lost wages as well as pain and suffering.Unfortunately, railroad corporations fight these claims with sophisticated and often aggressive litigation strategies. They can use arguments that the injured former worker cannot identify any specific instance of ill-health exposure to toxic substances and cannot identify a maker of equipment or components that contain harmful chemicals or toxic substances. A FELA attorney with experience in railroad injuries lawsuits will be able defend these arguments. They can also locate evidence of negligence on the part of the railroad from various sources, including third parties.Class Action LawsuitsA class action lawsuit permits one plaintiff to sue for others who have suffered similar injuries. The Plaintiff is referred to as"class representative "class representative," sues a company (in this instance, BNSF Railway Company). The "class" is a group of people who share similar claims. In class cases, a single court decides the case for the entire group. This is more efficient than filing many individual lawsuits.If you are a class member, you may be entitled to compensation for medical expenses as well as lost wages, discomfort and pain, loss of enjoyment in life, and other damages. You could also be entitled for wrongful-death damages if you loved one who died from leukemia caused by railroads.Railroad companies have a responsibility to provide a safe working environment for their workers. Unfortunately, many railroads fail to meet this requirement, and employees are exposed to harmful industrial solvents and diesel exhaust at their jobs. This often causes cancer and other health issues that can last for a long time.This Court has formally certified this class and is advancing it towards trial. The Court hasn't decided if BNSF violated BIPA or how much money you could receive or any other benefits. You will be notified when and if the Court decides. The documents available on this site, including the Court's Order certifying the Class as well as the Second Amended Complaint filed by the Plaintiff and BNSF's Answer to the Second Amended Complaint could aid you in determining if you have a claim.Wrongful death lawsuitsIn the event that someone has died because of another's negligence, the family members of the victim can file a wrongful-death lawsuit. This type of claim seeks compensation for the loss of income suffered by the person who died in the form of loss of companionship, emotional pain and suffering. cancer lawsuit who survive are compensated for the losses and costs they'll incur in the future. The spouse or children, parents siblings, nieces and nephews, or anyone else financially dependent on the deceased can bring a wrongful death suit.In the case of a fatal train accident the wrongful death lawsuit could bring the railroad company to account for the death of a loved-one. A lawyer for train accidents can assist a family member of a victim get the maximum settlement amount.For example when a wrongful demise lawsuit involving the crash of a train an attorney could review the details of the case, such as accident reports and evidence from physical sources. Lawyers can also examine expert witness testimony as well as other sources to make the strongest possible case.In a recent wrongful-death lawsuit, a widow sued BNSF over the death of her husband at an intersection in Pontotoc County. cancer lawsuits claimed that BNSF did not provide adequate warnings. She argued that the crossing was not equipped with automated gates and that the lights that flashed didn't provide accurate warnings that a train was coming. BNSF made pretrial motions to argue that federal law preempted widow's claims. The court ruled against BNSF's motions.