How to File a Railroad Lawsuit
Chemical solvents are part of the everyday work environment for a lot of railroad workers. If you have developed leukemia while working for an railroad and believe that your workplace exposure was the cause you may be entitled to compensation.
In contrast to workers' compensation claims, FELA lawsuits allow plaintiffs to receive unlimited damages. Read on to learn more about FELA lawsuits and how to submit your own claim.
Benzene Exposure Lawsuits
Benzene is a chemical derived from petroleum that can be found in gasoline, crude oil and diesel fuel. It is transparent or light yellow that evaporates when exposed to the air. It is used in the production of rubber, chemicals and paints. It is also employed to clean machines and remove grease. In the course of their work railroad workers work with or make use of toxic chemicals.
Workers exposed to benzene while at work can develop leukemia or cancers. Some of the symptoms include fatigue and loss of appetite nausea, vomiting, hair loss and an overall feeling of being unwell. Workers may also experience a loss of memory and trouble concentrating.
If a worker is diagnosed with one of these diseases, he/she can sue their employer under the Federal Employers Liability Act. To be awarded damages, the employee must establish that his or her work and exposure to the chemical was a major contributing factor to the development of the disease.
Workers who have been exposed to benzene are able to also make wrongful death claims against their employers. The wrongful death damages can be used to cover funeral costs funeral costs, burial expenses emotional distress, pain and suffering. These damages are typically calculated using the same methods as workers who are awarded FELA compensation.
FELA Lawsuits
Railroad companies are known for exposure of workers to carcinogens, such asbestos, diesel exhaust and lead. Unfortunately, this puts many former railroad workers at an increased risk of developing serious occupational diseases such as mesothelioma or lung cancer. These workers have the option of suing for compensation for their injuries. The Federal Employers Liability (FELA) Act permits these employees to sue employers under a legal framework that is different from traditional workers' compensation programs.
Contrary to workers' compensation statutes, FELA requires employees to prove that their employer's negligence contributed to their injury or illness. If an employee can show that negligence by the railroad company was responsible for their injury or illness, they are entitled damages. This includes a claim to recuperate the cost of medical expenses, lost wages and discomfort and pain.
Railroad corporations often combat these claims using sophisticated and often aggressive litigation strategies. They can use arguments that the ill former employee is unable to pinpoint any specific instance of ill-health exposure to toxic substances, and cannot identify a maker of equipment or components that contained harmful chemicals and toxic substances. A FELA attorney who has experience with railroad injury claims can contest these defenses. They can also find evidence of the negligence of the railroad through a variety of sources, such as third-parties.
Class Action Lawsuits
A class action lawsuit allows one plaintiff to sue others who have suffered similar injuries. The Plaintiff is referred to as"class representative "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 efficient than having a number of individual lawsuits.
If you are a member of the Class, you could be entitled to compensation for your medical expenses as well as lost earnings, pain and suffering and loss of enjoyment life and other damages. You may also be entitled to wrongful death damages if the person you loved who passed away from leukemia related to railroads.
Railroad companies are bound to provide a safe working environment for their workers. Unfortunately, many railroads do not fulfill this requirement. Workers are exposed to harmful industrial chemicals and diesel exhaust working. This often leads to cancer and other long-term health problems.
This Court has certified the Class and is now moving towards trial. The Court has not yet decided if BNSF violated BIPA, or how much money you may be able receive or any other benefits. You will be notified of the decision if and when the Court decides. The documents you can access on this website, which include the Court's Order to certify the Class as well as the Second Amended Complaint filed by the Plaintiff and BNSF's response to the Second Amended Complaint, can assist you in determining whether you have a claim.
Lawsuits involving Wrongful Death
In the event that a person has died due to a third party's negligence, the victim's family could file a wrongful death lawsuit. This type of lawsuit seeks to compensate the loss of income suffered by the person who died in the form of loss of companionship, love and other personal suffering. It also compensates family members who survived for their losses and costs that will continue for the foreseeable future. The spouse children, parents siblings, nieces and nephews, or anyone else financially dependent on the deceased may bring an action for wrongful death.
railroad lawsuits may be filed in the case of a fatal train accident to hold the railroad company accountable for the death of a loved ones. A train accident lawyer can help the family of the victim get the highest settlement amount.
For instance in a wrongful death lawsuit involving the aftermath of a train crash an attorney could review the details of the case, such as accident reports and evidence from physical sources. Lawyers can also rely on expert witness testimony and other sources to create the strongest case possible.
In a recent wrongful-death action the wife of a deceased man sued BNSF for the death of her husband on a railroad cross in Pontotoc County. The widow claimed that BNSF didn't provide enough warnings. She claimed that the crossing didn't have automatic gates, and that the flashing lights were not reliable signals of approaching trains. BNSF filed pretrial motions arguing that federal law preempted widow's claims. The court denied BNSF's motions.