10 Facts About Railroad Lawsuit Colon Cancer That Will Instantly Put You In A Good Mood
How to File a Railroad Lawsuit
Compensation may be available to railroad employees who contract a disease as a result of their work. A FELA lawyer can assist.
Plaintiffs claim they were exposed to creosote (the generic name for coal tar) as well as degreasing and cleaning solvents while working for Chicago & North Western Railway 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 file lawsuits against their employers if they are injured on the job. Unlike workers' compensation statutes that offer financial compensation irrespective of how the injury caused, FELA is a fault-based law which requires railroad employees injured to show that their employer's negligence played the role in their injuries.
The FELA also outlines a variety of damages a worker injured can receive. Medical expenses, lost wages, and discomfort and pain are all included. In addition, if a victim suffers a traumatic brain injury, he or may be entitled to permanent and total disability benefits as well as loss of future earnings and loss of companionship.
FELA claims are not restricted to traumatic brain injuries. They may also be filed in the case of a variety of other illnesses and conditions caused by toxic exposures. For instance, a large number of former railroad workers who worked as engineers, conductors carmen, switchmen office workers and machinists are now suffering from various types of cancer, including mesothelioma. Bladder cancer lawsuit have been exposed to diesel fumes, asbestos, silica dust, chemical solvents, and weed killers during their careers.
A FELA attorney with experience will assist you in navigating your claim in a successful manner. Your lawyer must be familiar with FELA, as well as other laws that are relevant to your case. railroad cancer lawsuit includes the Occupational Safety and Heath Administration regulations as well as the Boiler Inspection Act.
Occupational Diseases
An occupational illness is an illness or injury which develops as a consequence of one's work. Many occupational diseases are developed slowly over time, in contrast to the traumatic injuries caused by car accidents or workplace slips and falls. This is because of the constant exposure to toxic chemicals as part of the daily routine.
Many railroad workers are exposed to a broad range of dangerous chemicals working. As a result, they are often suffering from serious illnesses and chronic health issues. Certain of these ailments could be life-threatening and require continuous treatment. Fortunately, there are compensations available for injured railroad workers.
Cancer is one of the most common diseases. Several studies have linked cancer among railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene, which is a toxic substance that can cause blood cancers as well as other diseases. It is found in gasoline, a few kinds of wood preservatives, and certain kinds of tar.
A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years developed lung cancer due to exposure to diesel exhausts and other toxic chemicals. The employee was exposed to a range of toxic substances, such as creosote coated rail ties. The lawsuit asserts that the railroad company treated rail ties with a "soaking-wet" method that exposed employees to chemicals from head to toe.
Wrongful Death
Railroad workers are exposed various toxic chemicals and cancer-causing chemicals on their job. Unfortunately, some of these exposures result in premature deaths among employees and their families. If a person's death is due to a railroad company's negligence it is possible to file a lawsuit for wrongful deaths. An experienced Pennsylvania railroad injury attorney could examine the circumstances of the death of your loved one and determine if you could be entitled to compensation.
In closing arguments, Damick claimed that Brown was not aware that creosote is a cause of AML and that the CNW knew about the toxicity of this substance for a long time. He also noted that the CNW was required to provide protective clothing starting in 1986, but didn't until Union Pacific bought it in 1996.
If the FRA asserts willful misconduct and the railroad is penalized and cited, but cannot be indemnified for that penalty by its parent company or another organization, like a labor organization. Congress wanted penalties to be a deterrent for individual behavior. These penalties would be reduced or eliminated if a railroad or its affiliates, paid for the penalties. If an individual or railroad refuses to pay an amount due to a fine, then the FRA through the Attorney General, will pursue the appropriate United States District Court.
Damages
Rail workers are exposed to carcinogens throughout the day. These carcinogens can cause a variety of chronic illnesses and cancers, including lung cancer and mesothelioma. If railroad cancer lawsuit has been diagnosed with one of these conditions and suspects that their condition is the result of exposure at work, they should consult an experienced lawyer for railroad-related cancer.
In a recent instance, an Illinois jury gave $50,000 to the family of a railroad employee who passed away from mesothelioma. The plaintiff worked for the Chicago & North Western Railway and its successor, the Union Pacific Railroad Company, between 1976 to 2008. He was exposed to creosote-coated railroadties in the course of his job as a maintenance worker. The jury ruled that his death was the result of long-term exposure to these chemicals and other hazardous materials on the railroad.
The verdict, though small, shows the potential for significant damages in a FELA suit. Railroads are liable for the medical expenses in addition to lost income, and other losses suffered by their employees in cases such as this. A skilled lawyer for railroads can help victims seek the justice they deserve.