20 Trailblazers Setting The Standard In Railroad Lawsuit Colon Cancer

How to File a Railroad Lawsuit

Compensation may be available to railroad workers who contract a disease as a result of their work. A FELA lawyer could be of assistance.

Plaintiffs claim they were exposed to degreasing agents as well as creosote, the generic name for coal tar working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.

FELA

The Federal Employers Liability Act (FELA), an act of law, permits railroad employees to sue their employers when they suffer injuries on the job. Contrary to the workers' compensation statutes that offer financial compensation irrespective of how an injury was caused, FELA is a fault-based law which requires railroad employees injured to prove that their employer's negligence was a role in their injuries.





The FELA also specifies several types of damages a worker injured may receive. Medical expenses, lost wages and discomfort and pain are all included. If the victim suffers from an injury to the head that is traumatic or head injury, they may be entitled to permanent disability benefits and total disability and future loss of earnings and companionship.

FELA claims aren't restricted to brain injuries caused by trauma. They may also be made in the event of various other diseases and conditions triggered by exposure to toxic chemicals. For Bladder cancer lawsuit , a large number of former railroad workers who were engineers, conductors carmen, switchmen, office staff and machinists are now suffering from various forms of cancer, including mesothelioma. These former railroad workers were exposed to diesel fumes, asbestos silica dust as well as chemical solvents, and herbicides throughout their careers.

Having an experienced attorney by your side can help you effectively navigate your FELA claim. In order to be successful your lawyer will need to be familiar with the ins and outs of FELA and other pertinent laws, such as Occupational Safety and Health Administration regulations and the Boiler Inspection Act.

Work-related Diseases

A workplace-related disease is a condition or injury that happens as an outcome of a person's job. Many occupational diseases develop slowly over time, unlike the traumatic injuries suffered in car accidents or workplace slips and falls. This is due to constant exposure to toxic chemicals that are part of the daily routine at work.

Many railroad workers are exposed at work to a range of hazardous chemicals. They often suffer from chronic illnesses and serious illnesses because of it. Certain conditions may be life-threatening and require continual treatment. There are compensations available to railroad workers who are injured.

One of the most common diseases is cancer. Numerous studies have been conducted on railroad workers who have cancer. with exposure to diesel fumes, and other chemical hazards. These chemicals include benzene which is a toxic chemical and can cause cancers of the blood. It is found in gasoline as well as certain wood preservatives and some 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 was diagnosed with lung cancer due to exposure to diesel exhausts and other toxic chemicals. The employee was exposed hazardous substances, including creosote-coated rail ties. The lawsuit asserts that the railroad company treated rail ties with a "soaking-wet" method, which caused employees to be covered in chemicals from head to toe.

Wrongful Death

While on the job railroad workers are exposed various cancer-causing chemicals. Unfortunately, some of these exposures can cause premature deaths among the workers and their families. If someone dies prematurely because of the negligence of a railroad, it may be possible to claim compensation for the wrongful death. A Pennsylvania railroad injury lawyer can look into the circumstances leading to the death of your loved one and determine if you're entitled to compensation.

In closing arguments Damick stated that Brown did not know that creosote is a cause of AML and that the CNW knew about the dangers of this substance for years. He also noted that the CNW was required to provide protective clothing beginning in 1986, but did not until Union Pacific bought it in 1996.

In cases where the FRA asserts willful misconduct and the railroad is cited and penalized but it cannot be compensated for that penalty by its parent company or an institution, such as an organization for workers. Congress was intent on ensuring that penalties could have a deterrent effect on the conduct of individuals that could be lessened, if they were not eliminated, by the possibility of being paid for by a railroad or its affiliates. If Bladder cancer lawsuit or an individual does not agree to pay an amount of penalty then the FRA will through the Attorney General, bring suit in the appropriate United States district court.

Damages

Railroad workers are exposed carcinogens daily and these harmful substances can cause many different types of cancer and chronic diseases like mesothelioma, lung cancer, esophageal cancer, and non-Hodgkin's lymphoma. If someone is diagnosed with any of these ailments and believes that their condition is the result of exposure at workplace, they should talk to an experienced railroad cancer attorney.

In cancer lawsuits , an Illinois jury awarded $50,000 to the family of a railroad employee who died of mesothelioma. The plaintiff worked from 1976 until 2008 for the Chicago & North Western Railway, and its successor Union Pacific Railroad Company. As a maintenance worker the plaintiff was exposed to creosote coated railroad ties. The jury ruled that his death was caused by long-term exposure to these chemicals, as well as other hazardous materials on the railroad.

The decision, while not huge but it shows the possibility of significant damages in the event of a FELA suit. Railroads are responsible for medical expenses, lost income and other damages that employees suffer in cases such as this. An experienced railroad cancer lawyer can assist victims in obtaining the justice they deserve.