How to File a Railroad Lawsuit
Many railroad workers are exposed solvents every day. If you developed leukemia after working for the railroad and suspect that your workplace exposure was the cause you could be entitled to compensation.
As opposed to workers' compensation claims, FELA lawsuits allow plaintiffs to claim unlimited damages. Find out more about FELA claims and how to file a claim.
Benzene Exposure Lawsuits
Benzene is a chemical derived from petroleum that is found in gasoline, crude oil and diesel fuel. It is a clear liquid or light yellow that evaporates when exposed to air. It is used to make of chemicals, rubber and paints. It can also be used to clean machines and remove grease. Railroad workers frequently handle or use these harmful chemicals as part of their job.
Workers who are exposed to benzene in their work can suffer from various serious side effects, including leukemia and other cancers. Symptoms can include nausea, fatigue, and hair loss. People may also be affected by memory loss and difficulty concentrating.
If a worker is diagnosed with one of these illnesses 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, a worker must prove that his or her employment and exposure to chemicals had a significant impact on their health.
Workers who have been exposed to benzene may also claim wrongful deaths against their employers. The wrongful death damages can be used to pay funeral expenses funeral costs, burial costs, emotional distress, and suffering and pain. These damages are usually calculated using the same method as those who receive FELA compensation.
FELA Lawsuits
Railroad companies are well-known for exposing their workers to carcinogens like asbestos, diesel exhaust and lead. Unfortunately this puts former railroad workers at greater risk of developing serious occupational diseases such as mesothelioma or lung cancer. Fortunately, these individuals are able to file a lawsuit to obtain compensation for their losses and injuries. The Federal Employers Liability Act (FELA) permits the workers to sue their employers in a different legal framework than traditional workers compensation programs.
Contrary to workers' compensation laws, FELA is a fault-based law that requires employees to prove that their negligence by their employer played a part in their injury or illness. If an employee can demonstrate that negligence by the railroad company was responsible for their injury or illness and they are entitled to damages. This includes a claim for medical expenses, lost wages and pain and suffering.
Railroad corporations typically employ sophisticated and abrasive litigation strategies to counter these claims. They can make arguments that the former worker cannot identify any specific instance of ill-health exposure to toxic substances, and cannot identify a manufacturer of equipment or parts that contain harmful chemicals or toxic substances. A knowledgeable FELA attorney who is specialized in railroad injury cases can defend against these defenses. They can also locate evidence of negligence by the railroad from a variety of sources, including third parties.
railroad workers cancer lawsuit allows one plaintiff to sue others who have suffered similar injuries. The Plaintiff also referred to"class representative "class representative" sues a business (in this case, BNSF Rail Company). All those who have similar claims are collectively referred to as the "class." In group actions, one judge resolves all issues of the entire class. This is more efficient than individual lawsuits.
If you are a member of the Class, you may be entitled to compensation for medical expenses, lost earnings, pain and suffering and loss of enjoyment life, and other damages. Additionally, you could be entitled to wrongful death damages if your loved one passed away due to the leukemia that was caused by railroads.
Railroad companies are legally bound to provide employees with a healthy and safe work environment. Unfortunately many railroads fail to comply with this requirement and employees are exposed to harmful industrial solvents and diesel exhaust while at their jobs. This can cause cancer and other health issues.
This Court has certified this Class and is moving it toward trial. It is not yet deciding whether BNSF violated BIPA or what amount of money you might receive. You will be informed if and when the Court decides. You can determine if are eligible to claim by examining the documents available on this site. This includes the Court's order of certification of the class, the second Amended Complaint submitted by the Plaintiff, as well as BNSF's reply to the second Amended Complaint.
Lawsuits involving Wrongful Death
The victim's family can pursue a lawsuit for wrongful death if someone died due to another's negligence. This type of claim seeks to compensate the deceased's economic losses as well as their loss of companionship and love, and any other personal pain. The survivors of the family are compensated for their losses and costs they'll face in the future. The spouse or children, parents siblings, nieces, nephews, or anyone else financially dependent upon the deceased may bring an action for wrongful death.
In the case of a railroad accident that causes death A wrongful death lawsuit could hold the railroad company responsible for the death of a loved-one. A lawyer for train accidents can assist the family of a victim get the highest settlement amount.
For example in a wrongful-death lawsuit that involves trains an attorney could look over the details of the case, such as accident reports as well as physical evidence. Attorneys can also make use of expert witness testimony and other sources to present the strongest case.
In a case of wrongful death, a wife sued BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. The widow claimed BNSF did not provide sufficient warnings. She argued the crossing was not equipped with automated gates and that the lights that flashed didn't provide accurate warnings of approaching trains. BNSF filed pretrial motions arguing that federal law preempted widow's claims. The court denied BNSF's motions.