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How to File a Railroad class action lawsuit against railroads

Railroad workers who develop an illness or disease related to their work can be entitled to compensation. Contacting a FELA attorney can help.

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

FELA

The Federal Employers Liability Act (FELA) is which is a law, permits railroad workers to sue their employers when they suffer injuries during the course of their work. In contrast to workers' compensation laws that offer financial compensation irrespective of how an injury was caused, FELA is a fault-based law that requires injured railroad employees to show that their employer's negligence was an impact on their injuries.

The FELA also outlines a variety of damages a worker injured may receive. They include medical expenses loss of wages, suffering and pain. Additionally, if a victim suffers a brain injury, he or may be entitled to permanent and total disability benefits, in addition to loss of future earnings and loss of companionship.

In addition to a brain injury, FELA claims can also be filed for a variety of other ailments and diseases that result from toxic exposures at work. Many former railroad workers, such as engineers, conductors, switchmen carmen, machinists or carmen, suffer from cancers such as mesothelioma. These former railroad employees have been exposed to asbestos, diesel fumes silica dust and chemical solvents, and herbicides throughout their careers.

A knowledgeable attorney on your side can help you successfully navigate your FELA claim. Your attorney must be well-versed in FELA and other laws that pertain to your particular case. This includes the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.

Work-related Diseases

An occupational disease is a condition or injury that occurs as a result if one's occupation. Many occupational diseases are developed slowly over time, unlike traumatizing injuries like those caused by accidents in the car or workplace slips and falls. This is because of the constant exposure to toxic chemicals as part of the routine at work.

Many railroad workers are exposed to a diverse range of dangerous chemicals while at work. Because of this, they often suffer from serious illnesses and chronic health problems. Certain conditions may be life-threatening and require continuous treatment. Fortunately there are compensations for injured railroad workers.

Cancer is among the most prevalent illnesses. Several studies have linked cancer in railroad workers to exposure to diesel fumes and other chemical dangers. These chemicals include benzene which is a toxic chemical and can cause blood cancers. It is present in gasoline, certain types of wood preservatives and certain types of tar.

A class action lawsuit against norfolk southern railroad filed against CNW and Union Pacific Railroad Lawsuit Pacific alleged that a former employee who worked for the railroad for more than 30 years was diagnosed with lung cancer as a result of exposure to diesel exhaust and other toxic chemicals while working for the railroad. The employee was exposed to numerous toxic substances, including creosote that was coated on rail ties. The lawsuit claims that the railroad company treated rail ties with the "soaking-wet" method, which left workers covered in chemicals from head to foot.

Wrongful Death

While on the job railroad workers are exposed to various cancer-causing chemicals. Sadly, some of these exposures result in premature death for employees and their families. If a person is killed prematurely due to the negligence of a railroad, it may be possible to pursue them for wrongful death. A Pennsylvania railroad injury lawyer could investigate the circumstances that led to the death of a loved one and determine if you are entitled to compensation.

Damick made the argument during closing arguments that Brown did not know that creosote can cause AML and that CNW was aware of the toxicity for years. He also pointed out that the CNW was required to provide protective clothing starting in 1986, but did not do so until it was purchased by Union Pacific in 1996.

In cases where FRA declares that the railroad committed a willful act and willful, it may be penalized, cited or fined however its parent company, or any other institution, such as a union pacific railroad lawsuit, is not able to reimburse the railroad lawsuit for this penalty. Congress intended for penalties to be a deterrent for individuals' behavior, and they would be reduced or eliminated if a railroad, or its affiliates, paid for them. If an individual or railroad refuses to settle a fine, the FRA through the Attorney General is able to pursue the appropriate United States District Court.

Damages

Rail workers are exposed to carcinogens each day. These harmful substances can trigger a range of chronic illnesses and cancers, including mesothelioma and lung cancer. If an employee has been diagnosed with one of these illnesses and suspects their health issue is related to exposure at work, they should speak with an experienced lawyer for railroad-related cancer.

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

The verdict, though small but it shows the possibility of substantial damages in a FELA suit. In cases like this, Union Pacific Railroad Lawsuit railroads are responsible for medical costs as well as lost wages and other damages. A lawyer for railroads experienced in this field can assist victims receive the justice they deserve.