10 Tell-Tale Signs You Need To Get A New Railroad Lawsuit Colon Cancer
How to File a Railroad Lawsuit
Compensation is available to railroad workers who contract a disease due to their job. Contacting an FELA attorney can help.
Plaintiffs claim that they were exposed to degreasing chemicals and creosote, the generic term 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), which is a law, permits railroad workers to sue their employers when they are injured while on the job. Contrary to workers' compensation laws that provide financial compensation regardless of how the injury caused, FELA is a fault-based law that requires injured railroad workers to prove that their employer's negligence was the role in their injuries.
The FELA also outlines a variety of damages a worker injured may receive. Medical expenses, lost wages and discomfort and pain are all covered. If the victim is suffering from a traumatic head injury, they may also be eligible for benefits for permanent disability and total disability in the future, as well as future earnings and companionship loss.
FELA claims are not restricted to brain injuries caused by trauma. They can also be claimed in the event of various other illnesses and conditions caused by toxic exposures. Many former railroad workers, like those who worked as conductors, engineers, switchmen or machinists suffer from cancers, including mesothelioma. Former railroad workers were exposed to asbestos, diesel fumes silica dust, chemical solvents, and chemical weed killers during their time in the industry.
A knowledgeable attorney on your side will help you successfully navigate your FELA claim. Your attorney must be well-versed in FELA, as well as other laws that pertain to your case. This includes the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Work-related Diseases
An occupational disease is a condition or injury that occurs as a result of one's job. Unlike traumatic injuries like those sustained in car accidents or workplace falls, many occupational illnesses progress slowly over time. This is due to the constant exposure to toxic chemicals as part of the routine at work.
Many railroad workers are exposed range of dangerous chemicals while working. They are often suffering from chronic illness and serious health issues due to this. Certain conditions may be life-threatening, and require continuous treatment. There are compensations available to railroad workers who are injured.
Cancer is one of the most prevalent illnesses. Bladder cancer lawsuit have been conducted on railroad workers who have cancer. due to exposure to diesel fumes, and other chemical hazards. These chemicals include benzene. It is a toxic compound and can cause cancers of the blood. It is present in gasoline, a few types of wood preservatives and certain kinds of tar.
A lawsuit filed against CNW and Union Pacific alleged that a former employee who worked for the railroad for more than 30 years was diagnosed with lung cancer due to exposure to diesel exhaust and other harmful chemicals while working on the railroad. The worker was exposed to many dangerous substances, including creosote-coated rail ties. The lawsuit claims that the railroad company employed an "soaking wet" method of treating rail ties, which left employees completely covered in the toxic chemicals.
Wrongful Death
While working railroad workers are exposed a wide range of cancer-causing chemicals. Unfortunately, cancer lawsuit of these exposures lead to premature death among workers and their families. If a person dies early because of the negligence of the railroad, it might be possible to claim compensation for the wrongful death. A Pennsylvania railroad injury lawyer can analyze the circumstances that led to your loved one's untimely death and determine if you are entitled to compensation.
In closing arguments, Damick argued that Brown did not know that creosote may cause AML and that the CNW was aware of the toxicity of this chemical for a number of years. Damick also pointed out that the CNW had to provide protective clothing beginning in 1986, but didn't until Union Pacific bought it in 1996.
In cases where the FRA asserts willful misconduct, the railroad can be punished and cited, but cannot be indemnified for that penalty by its parent company or another institution such as an organization for workers. Congress was intent on ensuring that penalties be deterrent to individual behavior. union pacific railroad lawsuit would be lessened or eliminated if the railroad, or its affiliates, were to pay for them. If an individual or railroad refuses to settle an amount due to a fine, then the FRA, through the Attorney-General is able to pursue the appropriate United States District Court.
Damages
Railroad workers are exposed carcinogens daily and these toxic substances can cause many different types of cancer and chronic diseases such as mesothelioma and lung cancer, esophageal and esophageal cancer as well as non-Hodgkin's lymphoma. If a worker has been diagnosed with any of these ailments and suspects that the illness is caused by exposure at work, they should consult an experienced lawyer for railroad cancer.
In a recent case, an Illinois jury gave $50,000 to the family of a railroad worker who died from mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 and 2008. As a maintenance employee, he was exposed to creosote-coated railroad ties. The jury determined 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 however, demonstrates the potential for significant damages in a FELA lawsuit. In these cases railroads are accountable for medical expenses in addition to lost wages, among other damages. A lawyer for railroads with experience can assist victims receive the justice they deserve.