How to File a Railroad Lawsuit
Many railroad employees are exposed solvents every day. If you have developed leukemia while working for the railroad and suspect that your exposure to the workplace caused you could be entitled to compensation.
In contrast to workers' compensation claims, FELA lawsuits allow plaintiffs to receive unlimited damages. Learn more about FELA lawsuits and how to start your own claim.
Benzene Exposure Lawsuits
Benzene, a petroleum-based chemical can be found in diesel and gasoline. It is a clear or light yellow liquid that turns into a flammable vapor when exposed to air. It is used to manufacture chemicals, rubber, and paints. union pacific railroad lawsuit is also used to clean equipment and remove grease. As part of their job railroad workers handle or use toxic chemicals.
Workers who are exposed to benzene during their jobs may experience a number of severe side effects, such as leukemia and other cancers. Some of the symptoms include fatigue and loss of appetite, nausea, vomiting, hair loss and an overall feeling of being unwell. Workers can also be affected by memory loss and concentration problems.
If a worker suffers from one of these ailments and suffers from one of these illnesses, they may sue their employer under the Federal Employers Liability Act. To be able for damages, the worker must prove that his or her employment and exposure to a chemical were a significant contributor to the illness.
Workers who have been exposed can also bring wrongful death suits against their employers. The wrongful death damages can be used to cover funeral and burial costs, lost future wages, emotional distress, pain and suffering. These damages are calculated using the same method that workers who receive FELA compensation are paid.
FELA Lawsuits
Railroad companies are notorious for exposure of workers to carcinogens, such as diesel exhaust, asbestos and lead. This puts many former workers on rails at a higher risk for developing serious occupational illnesses like mesothelioma, lung cancer and kidney cancer. Fortunately, they are able to sue to get compensation for their injuries and losses. The Federal Employers Liability (FELA) Act allows these employees to sue employers under the legal framework distinct from traditional workers' compensation programs.
Contrary to workers' compensation statutes, FELA requires employees to prove that their employer's negligence led to their illness or injury. If a worker can prove that negligence by a railroad company contributed to their injury they can claim compensation for their losses. This includes claims to get back lost wages, medical expenses as well as pain and discomfort.
However, railroad companies fight these claims with sophisticated and often aggressive litigation strategies. These defenses can include the argument that the former worker is unable to identify an exact instance where toxic substances were in the environment and cannot identify a specific manufacturer or part that contained toxic chemicals and toxins. A FELA attorney with experience in railroad injury claims will be able to contest these defenses. They can also locate evidence of negligence on the part of the railroad from different sources, including third party.
Class Action Lawsuits
A class action lawsuit permits one plaintiff to sue for others who have suffered similar injuries. The Plaintiff, also known as"class representative "class representative", sues a business (in this instance, BNSF Rail Company). All people with similar claims are collectively referred to as the "class." In class actions, a single court decides all issues of the entire class. 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 medical expenses as well as lost earnings, pain and suffering and loss of enjoyment life, and other damages. You could also be entitled to wrongful-death damages if a loved one was diagnosed with leukemia that was caused by railroads.
Railroad companies have a responsibility to provide a safe working environment for their employees. Unfortunately, many railroads do not fulfill this obligation. Workers are exposed to harmful industrial chemicals and diesel exhaust at work. This can lead to cancer and other health issues.
This Court has certified this Class and is moving it toward trial. The Court has not yet decided if BNSF violated BIPA or what amount of you could receive, if any. You will be notified of the decision if and when the Court decides. You can determine if you are eligible for a claim by reviewing the documents available on this site. This includes the Court's order of certification of the class, the second Amended Complaint filed by the Plaintiff, as well as BNSF's response to the Second Amended Complaint.
Legal action for wrongful death
The family members of the victim can pursue a lawsuit for wrongful death if a person died as a result of negligence by another. This type of claim seeks compensation for the loss of the deceased's earnings as well as loss of companionship, love and other personal suffering. The survivors of the family are compensated for their losses and expenses they'll incur in the future. A wrongful death lawsuit may be brought by the victim who died's spouse or siblings, children parents, nieces and nephews, or any other person who was financially dependent on them at the time of the accident.
In the case of a fatal railroad crash the wrongful death lawsuit can hold the railroad company responsible for the death of a loved one. A train accident lawyer can help the family of the victim obtain the maximum settlement amount.
An attorney can look over the facts in a wrongful death suit in the event of a train collision, such as accident reports or physical evidence. The lawyer can also use expert witness testimony and other sources to build the strongest case possible.
In a recent wrongful death case, a wife filed a lawsuit against BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. The widow claimed that BNSF failed to provide adequate warnings. She claimed that the crossing did not have automatic gates and that flashing lights did not provide reliable warnings of an approaching train. BNSF made pretrial motions to argue that federal law preempted the widow's claims. The court denied BNSF's motions.