12 Companies Leading The Way In Railroad Lawsuit Colon Cancer

How to File a Railroad Lawsuit

Railroad workers who contract an illness or disease due to occupational exposure may be eligible for compensation. Contacting an FELA attorney can help.





Plaintiffs claim they were exposed to degreasing agents as well as creosote which is 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), the law that allows railroad workers to sue their employers when they are injured on the job. In contrast to workers' compensation laws that provide financial benefits regardless of the way in which injuries were caused, FELA is a fault-based law that requires injured railroad workers to show that their employer's negligence was an impact on their injuries.

The FELA also defines a variety of damages an injured worker could be entitled to. This includes medical expenses as well as lost wages, pain and suffering. In addition, if the victim suffers a brain injury, he or she may be entitled to permanent and total disability benefits, along with loss of future earnings and companionship.

In cancer lawsuit to a traumatic brain injury, FELA claims can also be filed for a variety of other diseases and conditions that are caused by toxic exposures at work. For cancer lawsuits , a large number of former railroad workers who worked as conductors, engineers carmen, switchmen office workers and machinists suffer from different forms of cancer, including mesothelioma. Former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents, chemical solvents and weedkillers.

An experienced attorney at your side can help successfully navigate your FELA claim. To be successful your lawyer will need to know the ins & outs of FELA and other pertinent laws, such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.

Occupational Diseases

A workplace-related illness is a disease or injury that occurs as the result of one's job. Many occupational diseases develop slowly over time, unlike traumatizing injuries like those suffered in accidents in the car or workplace slips and falls. This is due to the constant exposure to toxic chemicals as part of a daily work routine.

Many railroad workers are exposed to a wide range of hazardous chemicals working. They are often suffering from chronic illnesses and serious health issues because of it. Some of these conditions can be life-threatening, and require continual treatment. Fortunately there are compensations available for railroad workers injured.

Cancer is one of the most frequently diagnosed illnesses. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene that is a poisonous substance that can cause blood cancers. It is present in gasoline as well as certain wood preservatives and certain types 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 to a variety of dangerous chemicals, including creosote coated rail ties. The lawsuit claims that the railroad used the "soaking wet" method of treating rail ties. This left employees completely covered in the chemical.

Wrongful Death

Railroad employees are exposed to various toxic chemicals and cancer-causing substances on their job. Unfortunately, some of these exposures cause premature deaths among the workers and their families. If a person's premature death is due to a railroad company's negligence, it is possible to pursue wrongful death claims. A Pennsylvania railroad injury lawyer can look into the circumstances leading to the death of your loved one and determine if you are entitled to compensation.

Damick made the argument during closing arguments that Brown did not realize that creosote could cause AML, and that CNW was aware of the dangers for years. He also noted that the CNW was required to provide protective clothing starting in 1986, however it did not until Union Pacific bought it in 1996.

In the event that FRA claims that the railroad was willful and obnoxious, it may be cited, penalized and fined but its parent company or another institution, such as a union, cannot reimburse the railroad for the penalty. Congress intended that penalties can be used to deter the conduct of individuals that could be reduced, if not eliminated, by the possibility of being paid for by a railroad or its affiliates. If a railroad refuses to settle an amount of money, the FRA, through the Attorney-General will sue the appropriate United States District Court.

Damages

Railroad workers are exposed to carcinogens on a daily basis, and these toxic substances can cause many different types of cancer and chronic diseases such as mesothelioma and lung cancer, esophageal cancer and non-Hodgkin's lymphoma. If an employee has been diagnosed with one of these illnesses and suspects that their condition is the result of exposure at work, they should consult an experienced railroad cancer attorney.

In a recent Illinois case, a jury awarded $50,000 to a railroad worker's family who died of mesothelioma. The plaintiff worked between 1976 to 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As Leukemia lawsuit was exposed to creosote-coated railroad tie. The jury determined that his wrongful death was the result of his long-term exposure to these chemicals and other hazardous materials on the railroad.

While this verdict is small, it demonstrates the possibility of substantial damages in the event of a FELA lawsuit. Railroads are accountable for medical expenses, lost income and other damages suffered by their employees in cases like this. A railroad cancer lawyer with experience can assist victims receive the compensation they are entitled to.