How to File a Railroad Lawsuit
Many railroad workers are exposed to chemical solvents on a regular basis. If you suffer from leukemia and suspect that the exposure you receive at work is the cause, then you may be entitled to compensation.
As opposed to workers' compensation claims, FELA lawsuits allow plaintiffs to claim unlimited damages. Learn more about FELA claims and how to file your claim.
Benzene Exposure Lawsuits
Benzene, a petroleum-based chemical is present in diesel and gasoline. It is a light yellow or clear liquid that turns into a dangerous vapor when exposed to air. It is used in the production of chemicals, rubber, and paints. It can also be used as a solvent to clean equipment and remove grease from machines. Railroad workers are often exposed to or use these hazardous chemicals as part their duties.
Workers who are exposed to benzene during their work may suffer from various serious adverse effects, including leukemia and other cancers. The symptoms include fatigue, loss of appetite, nausea vomiting, hair loss and an overall feeling of unwellness. The patient may also experience loss of memory and difficulty concentrating.
If the worker is diagnosed one of these ailments and suffers from one of them, they can file a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be eligible for damages, the worker must prove that their employment or exposure to a chemical were a significant factor.
Workers who have been exposed to the smears can also bring wrongful death suits against their employers. In the event of a wrongful death, damages may be awarded to pay funeral and burial expenses, lost future wages as well as emotional distress and pain and suffering. These damages are typically calculated using the same method as workers who are awarded FELA compensation.
FELA Lawsuits
Railroad companies are notorious for exposure of workers to carcinogens, such asbestos, diesel exhaust and lead. Unfortunately this puts many former railroad workers at greater risk of developing serious occupational illnesses like mesothelioma and lung cancer. Fortunately for them, they are entitled to sue to get compensation for their injuries and losses. The Federal Employers Liability (FELA) Act permits employees to sue employers within the legal framework different from traditional workers' compensation programs.
Unlike workers' comp statutes, FELA is a fault-based law that requires workers to prove that their employer's negligence was a factor in their illness or injury. If an employee can prove that the negligence of a railroad company contributed to their injury and/or illness, they are entitled to compensation for their losses. This includes claims to recover lost wages, medical expenses and pain and discomfort.
Unfortunately, railroad companies fight these claims with sophisticated and often aggressive litigation strategies. They may use arguments that the ill former worker cannot identify the specific instances of exposure to toxic substances, and can't name a manufacturer of equipment or parts which contained harmful chemicals and toxic substances. A knowledgeable FELA attorney who is specialized in railroad injury cases can fight back against these defenses. They can also find evidence of negligence by the railroad from a variety of sources, including third-party witnesses.
Class Action Lawsuits
A class action lawsuit allows one plaintiff to sue for others who have suffered similar injuries. The Plaintiff, called a "class representative," sues a company (in this instance, BNSF Railway Company). The "class" is an entire group of people with similar claims. In class actions, a single judge decides the case for the entire group. This is more effective than many individual lawsuits.
If you are a class member, you could be entitled to compensation for medical expenses as well as lost wages, pain and discomfort as well as loss of enjoyment life, and other damages. You may also be entitled to wrongful death damages if your loved one who passed away from leukemia related to railroads.
Railroad companies are obligated to provide employees with a healthy and safe work environment. However, many railroads fail to meet this obligation and workers are exposed to toxic industrial solvents and diesel exhaust while at their job. This can lead to cancer as well as other chronic health issues.
lawsuits against union pacific railroad has approved the Class and is advancing towards trial. The Court is yet to decide whether BNSF violated BIPA or what amount of money that you might be able to receive. You will be informed in the event that the Court decides. The documents available on this website, such as the Court's Order certifying the Class, the Second Amended Complaint filed by the Plaintiff and BNSF's Answer to the Second Amended Complaint will aid you in determining if you have an entitlement.
Wrongful death lawsuits
The victim's family can make a claim for wrongful deaths if someone died as a result of negligence by another. This type of claim seeks to compensate the deceased's economic losses as well as their loss of affection and companionship, as well as any other personal pain. It also compensates surviving family members for their losses and expenses that will continue for the foreseeable future. A wrongful-death lawsuit can be brought by the who died's spouse or children, siblings parents, nieces, nephews or anyone who was financially dependent on them at the time of the accident.
A wrongful death suit can be filed in the event of a fatal train accident to hold the railroad company accountable for the death of a loved-one. A train accident lawyer can assist a family member of a victim get the highest settlement amount.
For instance, in a wrongful death suit that involves a train crash, an attorney can review the facts of the case, such as accident reports and evidence from physical sources. Attorneys can also utilize expert witness testimony, as well as other sources to make the strongest case possible.
In a recent wrongful death case in which a wife was suing BNSF for the death of her husband at a railroad crossing in Pontotoc County. The widow claimed BNSF did not provide sufficient warnings. She argued that the crossing didn't have automatic gates and that the flashing lights did not provide reliable warnings of an approaching train. BNSF filed motions for pretrial, claiming that federal law preempted widow's claims. The court ruled against BNSF's claims.