How to File a Railroad Lawsuit
Chemical solvents are a part of the working environment for a lot of railroad workers. If you have leukemia and suspect your workplace exposure is the cause, you could be eligible for compensation.
Contrary to claims for workers' compensation, 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, a petroleum-based chemical, is found in gasoline and diesel fuel. It is a clear liquid or light yellow that evaporates when exposed to the air. It is used in the manufacture of chemicals, rubber and paints. It can also be used to clean machinery and remove grease. Railroad workers often handle or utilize these harmful chemicals as part of their work.
Workers exposed to benzene during work can develop leukemia and cancers. Symptoms can include nausea, fatigue, vomiting and loss of hair. Workers can also experience memory loss and difficulty concentrating.
If someone is diagnosed with one of these conditions and is diagnosed with one of these illnesses, they can sue their employer under the Federal Employers Liability Act (FELA). In order to be awarded damages, the plaintiff must establish that their employment and exposure to the chemical was a significant contributing factor to the development of the illness.
Workers who have been exposed to the smears can also file wrongful death lawsuits against their employers. In the event of a wrongful death, damages may be awarded to pay funeral and burial costs as well as future lost wages as well as emotional distress, pain and suffering. These damages are usually calculated using the same methods as workers who are awarded FELA compensation.
FELA Lawsuits
Railroad companies are notoriously known for exposing their employees to carcinogens such asbestos, diesel exhaust, and lead. This sadly puts many former employees of railroads at risk danger of developing serious occupational diseases like mesothelioma and lung cancer as well as kidney cancer. Fortunately, they are entitled to file a lawsuit to obtain compensation for their losses and injuries. wasatch railroad contractors lawsuit (FELA) allows employees to sue employers under a different legal framework than traditional workers' compensation programs.
In contrast to the statutes for workers' compensation, FELA is a fault-based law that requires employees to prove that their negligence on the part of their employer in their injury or illness. If an employee can prove that a railroad company's negligence contributed to their injury, they are entitled to compensation for the losses they suffered. This includes a claim to get back lost wages, medical expenses as well as pain and discomfort.
Railroad corporations often fight these claims with sophisticated and often aggressive litigation strategies. They can use arguments that the injured former worker can't pinpoint any specific instance of ill-health exposure to toxic substances, and cannot name a particular manufacturer of equipment or components that contained harmful chemicals and toxins. A knowledgeable FELA attorney who is specialized in railroad injury cases can counter these defenses. They can also locate evidence of negligence by the railroad from a variety of sources, including third parties.
Class Action Lawsuits
A class action lawsuit allows one plaintiff to sue others who have suffered similar injuries. The Plaintiff also referred to as a "class representative" sues a company (in this instance, BNSF Rail Company). The "class" is an association of people with similar claims. In class actions, a single judge decides the case for the entire group. This is more effective than many individual lawsuits.
If you are a member of the Class, you may be entitled to compensation for your medical expenses loss of earnings, pain and suffering and loss of enjoyment life, and other damages. Additionally, you could be entitled to damages for wrongful death if a loved one passed away due to the disease that is related to railroads.
Railroad companies are required to provide a safe working environment for their employees. However many railroads fail to comply with this requirement and employees are exposed to toxic industrial solvents and diesel exhaust while at their job. This can cause illnesses such as cancer and others.
This Court has formally certified this class and is now moving it towards trial. It has not yet decided whether BNSF violated BIPA or what amount of money or benefits you may be eligible to receive. If and when the Court decides to rule, you will be notified regarding the process to get any money or benefits. The documents available on this website, including the Court's Order certifying the Class and the Second Amendment Complaint filed by the Plaintiff and BNSF's Answer to the Second Amended Complaint will help you determine if have claims.
The lawsuits involving wrongful death
The family of the victim can file a lawsuit for wrongful death if a person was killed due to negligence of another. This type of claim seeks compensation for the loss of the deceased's earnings in the form of loss of companionship, emotional pain and suffering. It also compensates the survivors' family members for their losses and costs that will continue to be incurred into the future. A wrongful death suit can be brought by the who died's spouse, siblings, children parents, nieces, nephews, or anyone who was financially dependent on them at the time of the accident.
In the event of a fatal train accident, a wrongful death lawsuit can claim the railroad company is responsible for the death of a loved-one. A train accident attorney will assist the family of the victim receive the maximum settlement.
For example when a wrongful demise lawsuit involving the aftermath of a train crash the attorney will review the facts of the case, including accident reports and physical evidence. Lawyers can also examine expert witness testimony and other sources to build the strongest possible case.
In a recent wrongful-death lawsuit, a widow sued BNSF over the death of her husband at a railroad crossing in Pontotoc County. The widow claimed BNSF did not provide sufficient warnings. She argued that the crossing was not equipped with automated gates and that the lights that flashed didn't provide accurate warnings of approaching trains. BNSF made pretrial motions to argue that federal law preempted widow's claims. The court denied BNSF's motions.