12 Companies Leading The Way In Railroad Lawsuit Colon Cancer

· 4 min read
12 Companies Leading The Way In Railroad Lawsuit Colon Cancer

How to File a Railroad Lawsuit

Compensation may be available for railroad employees who contract a disease as a result of their work. A FELA lawyer could assist.

Plaintiffs claim that 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 a law that allows railroad workers and their families to file lawsuits against their employers when they get injured while working. Contrary to the workers' compensation statutes that provide financial benefits regardless of the manner in which an injury caused, FELA is a fault-based law that requires injured railroad workers to prove that their employer's negligence played an impact on their injuries.

The FELA also provides different types of damages that workers injured in an accident can claim. This includes medical expenses along with lost wages, suffering and pain. Additionally, if the victim suffers a brain injury, he/she could be entitled to permanent and total disability benefits in addition to loss of future earnings and loss of companionship.

FELA claims are not limited to brain injuries caused by trauma. They may also be filed in the event of various other illnesses and conditions caused by exposure to toxic chemicals. Many former railroad workers, for example those who were engineers, conductors or switchmen carmen, machinists or carmen, suffer from cancers like mesothelioma. Former railroad workers were exposed to asbestos, diesel fumes silica dust chemical solvents, chemical solvents and weedkillers.

A FELA attorney with experience will help you navigate your claim to the best of your ability. To be successful in your case your lawyer needs to be familiar with the ins and outs of FELA as well as other relevant laws such as 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. Many occupational diseases develop slowly over time, unlike traumatizing injuries like those that result from accidents in the car or workplace slips and falls. This is due to continuous exposure to harmful chemicals that are a part of one's daily work routine.

Many railroad workers are exposed to a wide range of hazardous chemicals. They often suffer from chronic illness and serious illness because of it. Certain conditions may be life-threatening and require ongoing care. There are compensations for railroad workers who have been injured.

Cancer is one of the most prevalent diseases. Numerous studies have linked cancer among railroad workers to exposure to diesel fumes and other chemical hazards. These chemicals include benzene, which is a toxic chemical and can cause blood cancers. It can be found in gasoline and some wood preservatives and a variety of tar.

A lawsuit brought 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 as a result of exposure to diesel exhaust and other toxic chemicals while working at the railroad. The employee was exposed a range of toxic substances, such as creosote that was coated on rail ties. The lawsuit alleges that the railroad company treated rail ties using the "soaking-wet" method that exposed employees to chemicals from head to toe.

Wrongful Death

While working, railroad employees are exposed a wide range of cancer-causing chemicals. Sadly, some of these exposures can cause premature death for employees and their loved ones. If a person's death is due to the negligence of a railroad business, it is possible to pursue wrongful death claims. A Pennsylvania railroad injury lawyer can examine the circumstances surrounding the death of your loved one and determine if you're entitled to compensation.

In closing arguments, Damick stated that Brown was unaware that creosote may cause AML and that the CNW knew about the toxicity of this substance for years. Damick also pointed out that the CNW was required to provide protective clothing in 1986, but didn't until Union Pacific bought it in 1996.

In  railroad cancer lawsuit  where FRA claims that the railroad committed a willful act and obnoxious, it may be cited, penalized and fined but its parent company, or a different institution, such as an union, are not able to compensate the railroad for the penalty. Congress intended that penalties have a deterrent effect on individual behavior. These penalties would be reduced or eliminated if a railroad, or its affiliates, paid for the penalties. If a railroad or an individual refuses to pay an amount due to a fine, then the FRA, through the Attorney-General will sue the appropriate United States District Court.

Damages


Rail workers are exposed to carcinogens each day. These carcinogens can trigger a range of chronic illnesses and cancers, including lung cancer and mesothelioma. If an employee is diagnosed with one of these conditions and believes that their condition is the result of exposure at work, they should consult an experienced lawyer for railroad cancer.

In a recent Illinois case, a jury awarded $50,000 to a railroad family of a worker who died from 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 tie as part of his job as a maintenance-of-way employee. The jury found that his death was caused by long-term exposure to these chemicals and other hazardous materials on the railroad.

This verdict, while small, shows the potential for substantial damages in a FELA suit. Railroads are responsible for medical expenses, lost income and other losses that employees suffer in such cases. A railroad cancer lawyer with experience could help victims receive the justice they deserve.