How to File a Railroad Lawsuit
Chemical solvents are an integral part of the everyday work environment for many railroad workers. If you developed leukemia after working for a railroad and suspect your exposure to the workplace caused you could be entitled to compensation.
In contrast to workers' compensation claims, FELA lawsuits allow plaintiffs to claim unlimited damages. Find out more about FELA lawsuits and how to file your own claim.
Benzene Exposure Lawsuits
Benzene is a petroleum-based compound, is found in diesel fuel and gasoline. It is transparent or light yellow liquid that turns into a hazardous vapor when exposed to air. It is used in the production of chemicals, rubber and paints. It also serves as a solvent to clean equipment and remove grease from machines. As part of their job railroad workers handle or make use of toxic chemicals.
People who are exposed to benzene at work can develop leukemia and cancers. These symptoms include nausea, fatigue, vomiting and loss of hair. People may also experience a loss of memory and difficulty in concentrating.
If a worker is diagnosed with one of these illnesses the worker can sue his or her employer under the Federal Employers Liability Act. To be eligible for damages, a worker must prove that his or her employment or exposure to a chemical were a significant factor.
Workers who have been exposed to benzene can also bring wrongful death lawsuits against their employers. The wrongful death damages can be used to cover funeral costs funeral costs, burial expenses, emotional distress, and pain and suffering. These damages are calculated in the same way that workers who receive FELA compensation are compensated.
FELA Lawsuits
Railroad companies are notorious for exposing workers to carcinogens such as diesel exhaust, asbestos and lead. This puts many former railroad workers at an increased threat of developing serious occupational diseases like mesothelioma and lung cancer as well as kidney cancer. Fortunately, these workers are entitled to sue to get compensation for their losses and injuries. The Federal Employers Liability (FELA) Act permits employees to sue employers under the legal framework distinct from traditional workers compensation programs.
Contrary to the statutes governing workers' compensation, FELA requires employees to prove that their employer's negligence led to their injury or illness. If a worker can prove that the negligence of a railroad company caused their injury they are entitled to compensation for their losses. This includes a claim to pay back lost wages, medical expenses and discomfort and pain.
Unfortunately, railroad corporations combat these claims using sophisticated and often aggressive litigation strategies. They can make arguments that the sick former worker cannot identify the specific instances of exposure to toxic substances and cannot name a particular manufacturer of equipment or parts which contained harmful chemicals and toxins. A FELA attorney who has experience in railroad injury lawsuits will be able contest these defenses. They can also uncover evidence of negligence by the railroad from many sources, including third parties.
Class Action Lawsuits
A class action lawsuit allows one plaintiff to sue for others who have suffered similar injuries. The Plaintiff is referred to as"class representative "class representative," sues a company (in this case, BNSF Railway Company). People who have similar claims are referred as the "class." In class actions, a single court decides all issues that affect the entire class. This is more efficient than having a number of individual lawsuits.
If you are a class member, you could be entitled to compensation for medical expenses loss of wages, discomfort and pain or loss of enjoyment life and other damages. In addition, you may be entitled to compensation for wrongful death if your loved ones died from the disease that is related to railroads.
Railroad companies are obligated to provide their workers with a safe working environment. However, many railroads do not fulfill this obligation. Workers are exposed to toxic industrial chemical and diesel exhaust when working. This could lead to the development of cancer as well as other health issues.
This Court has formally certified this class and is now moving it towards trial. The Court has not yet decided if BNSF violated BIPA or how much money you could receive or any other benefits. If and when union pacific railroad lawsuits does decide to rule in your favor, you will be advised about the procedure to receive any benefits or money. You can determine whether you are eligible for a claim by reviewing the documents on this site. These include the Court's order to certify the class, the Second Amended Complaint submitted by the Plaintiff and BNSF's answer to the Second Amended Complaint.
Lawsuits for Wrongful Death
In cases where someone was killed due to someone else's negligence, the family of the deceased can file a wrongful-death lawsuit. This type of lawsuit seeks to compensate the deceased's financial losses as well as their loss of friendship and affection, as well as any other personal suffering. It also compensates surviving family members for their losses and expenses that will continue to be incurred into the future. The spouse, children, parents siblings, nieces and nephews, or anyone else who was financially dependent on the deceased can bring an action for wrongful death.
A wrongful death suit can be filed in the case of a fatal train crash to ensure that the railroad company is held accountable for the loss of a loved one. A train accident lawyer can help the family of the victim obtain the maximum settlement amount.
For example in a wrongful-death lawsuit involving trains an attorney could look over the details of the case, including accident reports as well as physical evidence. Attorneys can also utilize expert witness testimony, as well as other sources to create the strongest case that is possible.
In a recent wrongful death case, a wife sued BNSF for the death of her husband at a railroad cross in Pontotoc County. The widow claimed that BNSF failed to provide adequate warnings. She argued that the crossing did not have automatic gates and that the lights that flashed did not give reliable warnings of approaching trains. BNSF made pretrial motions to argue that federal law preempted the widow's claims. The court ruled against BNSF's claims.