How to File a Railroad Lawsuit
Many railroad employees are exposed to chemical solvents on a daily basis. If you suffer from leukemia, and you suspect that your exposure to chemicals at work is the reason, then you may be entitled compensation.
Contrary to claims for workers' compensation, FELA lawsuits allow plaintiffs to claim unlimited damages. Read on to learn more about FELA lawsuits and how you can start your own claim.
Benzene Exposure Lawsuits
Benzene is a chemical derived from petroleum that is found in gasoline, crude oil and diesel fuel. It is transparent or light yellow liquid that evaporates into a dangerous vapor once exposed to air. It is used in the production of rubber, chemicals and paints. It can also be used as a solvent to clean equipment and remove grease from machines. As part of their job railroad workers handle or utilize toxic chemicals.
Workers exposed to benzene during work are at risk of developing leukemia and cancers. These symptoms include fatigue, loss of appetite, nausea, vomiting hair loss, and general feeling of sickness. Workers may also suffer from memory loss and concentration problems.
If a worker is diagnosed with one of these conditions they can sue their employer under the Federal Employers Liability Act. In order to be awarded damages, the employee must prove that their employment and exposure to the chemical was a significant contributing factor to the development of the disease.
Workers who have been exposed could also bring wrongful death suits against their employers. Wrongful death damages can cover funeral and burial costs, lost future wages, emotional distress, suffering. These damages are calculated using the same method that workers who receive FELA compensation are paid.
FELA Lawsuits
Railroad companies are famously renowned for exposing their workers to carcinogens such as asbestos, diesel exhaust, and lead. Unfortunately it puts a lot of former railroad workers at an increased risk of developing serious occupational illnesses like mesothelioma and lung cancer. Fortunately, these individuals are able to sue to get compensation for their losses and injuries. The Federal Employers Liability Act (FELA) permits these workers to sue their employers in a different legal framework than traditional workers compensation programs.
Contrary to workers' compensation statutes, FELA requires employees to prove that their employer's negligence led to their injury or illness. If an employee can prove that the negligence of a railroad business caused their injury and/or illness, they are entitled to compensation for the losses they suffered. This includes a claim to recover lost wages, medical costs as well as pain and discomfort.
Railroad corporations often use sophisticated and abrasive litigation strategies to defend these claims. They can use defenses such as the argument that the worker cannot pinpoint the specific incident in which toxic substances were ingested and cannot name a manufacturer or part that contained toxic chemicals and toxins. A knowledgeable FELA attorney who specializes in railroad injury claims can defend against these defenses. They can also discover evidence of the railroad's negligence from various sources, including third parties.
Class Action Lawsuits
A class action lawsuit permits the plaintiff to sue on behalf of other people suffering similar injuries. The Plaintiff who is known as"class representative "class representative," sues a company (in this instance, BNSF Railway Company). All people with similar claims are together known as the "class." In group actions, one court resolves all of the issues that affect the entire class. This is more efficient than having many individual lawsuits.
If you are a class member, you could be entitled compensation for medical expenses loss of wages, discomfort and pain or loss of enjoyment life and other damages. You could also be entitled for wrongful-death damages if you loved one who passed away from leukemia related to railroads.
Railroad companies are obligated to provide employees with a safe work environment. Unfortunately, many railroads don't meet this obligation. Workers are exposed to harmful industrial chemicals and diesel exhaust at work. This can lead to the development of cancer as well as other health issues.
This Court has confirmed the Class and is advancing towards trial. The Court has not yet decided if BNSF violated BIPA or how much money you might receive, if any. If and when the Court decides to rule in your favor, you will be advised about the best way to claim any money or benefits. You can determine if you are eligible for a claim by reading the documents available on this site. These include the order of the Court certifying the class, the second Amended Complaint filed by the Plaintiff and BNSF's response to the Second Amended Complaint.
Legal action for wrongful death
If someone has died due to another's negligence, the victim's family could file a wrongful death lawsuit. This type of lawsuit seeks to compensate the deceased's financial losses as well as their loss of affection and companionship, as well as any other personal suffering. Family members who survived are compensated for the loss and costs they'll incur in the future. class action lawsuit against union pacific railroad , parents, siblings, nieces, nephews or anyone else financially dependent on the deceased could bring an action for wrongful deaths.
A wrongful death suit can be filed in the event of a fatal train accident to make the railroad company accountable for the death of a loved-one. A train accident lawyer can help the family of the victim get the highest settlement amount.
An attorney can look over the facts in a wrongful-death suit which involves a train accident like accident reports or physical evidence. Lawyers can also rely on expert witness testimony, in addition to other sources to build the strongest case.
In a recent wrongful-death action, a widow suing BNSF over her husband's death at a railroad crossing in Pontotoc County. The widow claimed that BNSF was not able to provide sufficient warnings. She argued that the crossing did not have automatic gates and that the flashing lights did not provide reliable warnings of a train's approach. BNSF filed pretrial motions asserting that federal law preempted the widow's claims. The court denied BNSF's motions.