How To Explain Railroad Lawsuit Colon Cancer To Your Grandparents

How to File a Railroad Lawsuit

Compensation may be offered to railroad workers who contract a disease due to their work. A FELA lawyer can assist.

Plaintiffs claim that they were exposed to degreasing substances and 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) is an act that permits railroad workers and their families to sue their employers if they get injured on the job. In contrast to workers' compensation statutes which provide financial aid regardless of how an injury occurred, FELA requires injured railroad employees prove that their employer's negligent actions contributed to their injuries.

The FELA also outlines a variety of different types of damages an injured worker could be awarded. This includes medical expenses, lost wages and suffering and pain. If the victim suffers from a traumatic head injury they could also be entitled to benefits for permanent disability and total disability as well as future loss of earnings and companionship.

In addition to a brain injury, FELA claims can also be filed for a range of other diseases and conditions that are caused by toxic exposures at work. For instance, a lot of former railroad workers who worked as engineers, conductors carmen, switchmen office staff and machinists suffer from different forms of cancer, including mesothelioma. The former railroad workers were exposed to diesel fumes, asbestos, silica dust chemical solvents weed killers and chemical solvents.

An experienced attorney at your side can assist you to in navigating your FELA claim. To be successful your lawyer needs to be aware of the ins and outs of FELA as well as other relevant laws like Occupational Safety and Health Administration regulations as well as the Boiler Inspection Act.

Work-related Diseases

An occupational illness is an injury or illness that develops as a result of one's job. Unlike traumatic injuries like those sustained in car accidents or workplace falls, many occupational illnesses develop slowly over time. This is because of the constant exposure to toxic chemicals that are a part of the daily routine.

Many railroad workers are exposed to a wide range of hazardous chemicals. As a result, they often suffer from serious illnesses and chronic health problems. Certain conditions could be life-threatening, and require ongoing treatment. Fortunately there are railroad workers cancer lawsuit to railroad workers who are injured.

Cancer is one of the most common diseases. Numerous studies have found a link between cancer among railroad workers with exposure to diesel fumes as well as other chemical dangers. These chemicals include benzene, which is a toxic chemical that can cause blood cancers as well as other illnesses. It is found in gasoline, various types of wood preservatives and certain types of tar.

A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked on the railroad for over 30 years developed lung cancer due to exposure to diesel exhaust and other toxic chemicals while working at the railroad. The employee was exposed a variety of dangerous chemicals, including creosote coating rail ties. The lawsuit asserts that the railroad company treated rail ties with the "soaking-wet" method that caused employees to be covered in chemicals from head to foot.

Wrongful Death

On the job railroad workers are exposed to a wide range of cancer-causing chemicals. Unfortunately, a few of these exposures lead to premature deaths among employees and their families. If someone dies prematurely due to the negligence of the railroad, it might be possible to sue them for wrongful deaths. A Pennsylvania railroad injury lawyer will analyze the circumstances that led to the death of your loved one and determine if you're entitled to compensation.

Damick argued during closing arguments that Brown did not realize that creosote can cause AML and that CNW knew about the dangers for a long time. He also highlighted that the CNW was required to provide protective clothing starting in 1986, but didn't provide protective clothing until it was purchased by Union Pacific in 1996.

In cases where FRA alleges that the railroad acted in a willful manner, it can be penalized, cited or fined but its parent company or another institution, such as the union, cannot pay the railroad for the penalty. Congress intended that penalties be a deterrent for the conduct of individuals, which could be reduced or eliminated if a railroad, or its affiliates, paid for the penalties. In the unlikely event that an railroad or an individual fails to accept a settlement of penalties, the FRA will, through the Attorney General, file a lawsuit in the appropriate United States district court.

Damages

Rail workers are exposed to carcinogens each day. These carcinogens can cause a variety of chronic illnesses and cancers including mesothelioma and lung cancer. If a worker on the railroad is diagnosed with any of these diseases, and suspects their condition may be the result of exposure on the job and they want to consult a railroad cancer attorney.

In a recent Illinois case the jury awarded $50,000 to a railroad worker's family who died of mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 and 2008. He was exposed to creosote-coated railroad ties as part of his duties as a maintenance-of way worker. The jury concluded that his death was caused by the long-term exposure to these chemicals, as well as other dangerous materials found on the railroad.

While the verdict isn't huge but it does show the potential for substantial damages in the event of a FELA lawsuit. In these cases railroads are accountable for medical costs as well as lost wages and other damages. A railroad cancer lawyer experienced in this field can assist victims get the compensation they are entitled to.