How to File a Railroad Lawsuit
Many railroad employees are exposed to chemical solvents on a regular basis. If you have developed leukemia while working for a railroad and suspect that exposure to the workplace caused it could be due to compensation.
Unlike workers' comp claims, FELA suits allow plaintiffs to receive unlimited damage awards. Learn more about FELA lawsuits and how you can make a claim of your own.
Benzene Exposure Lawsuits
The chemical Benzene is made of petroleum that is found in gasoline, crude oil and diesel fuel. It is a clear liquid or light yellow that vaporizes when exposed to air. It is used to make of rubber, chemicals and paints. It is also used as a solvent to clean equipment and remove grease from machines. Railroad workers frequently handle or utilize these hazardous chemicals as part their work.
Workers exposed to benzene at work can develop leukemia or cancers. The symptoms can include fatigue, nausea, vomiting and loss of hair. Workers can also suffer from memory loss and difficulty concentrating.
If a worker suffers from one of these ailments the worker can sue his or her employer under the Federal Employers Liability Act. To be awarded damages, the employee must establish that his or her employment and exposure to the chemical was a major reason for the development of the illness.
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 burial costs, emotional distress, and pain and suffering. The damages are usually calculated using the same method as workers who are awarded FELA compensation.
FELA Lawsuits
Railroad companies are notoriously known for exposing their workers carcinogens such asbestos, diesel exhaust and lead. Unfortunately, this puts many former railroad workers at an increased risk of developing serious occupational diseases like mesothelioma and lung cancer. The workers have the option of suing to recover compensation for their injuries. The Federal Employers Liability Act (FELA) allows these workers to sue their 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 workers to prove that their negligence by their employer played a part in their illness or injury. If a worker can prove that the negligence of a railroad business contributed to their injury they can claim damages for their losses. This includes a claim to recover the cost of medical expenses, lost wages and discomfort and pain.
Unfortunately, railroad companies combat these claims using sophisticated and often aggressive litigation strategies. They can include arguments that the ill former worker cannot identify the specific instances of 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 claims will be able to counter these defenses. They can also find evidence of the railroad's negligence from different sources, including third party.
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 case, BNSF Railway Company). The "class" is a group of people who share similar claims. In class actions, a single court decides the case for the entire group. This is more efficient than many individual lawsuits.
If you are a class member, you could be entitled compensation for medical expenses as well as lost wages, pain and discomfort, loss of enjoyment in life, and other damages. You may also be entitled to wrongful death damages if your loved one was diagnosed with leukemia that was caused by railroads.
Railroad companies are bound to provide a safe working environment for their employees. Unfortunately many railroads fail to meet this obligation and workers are exposed to harmful industrial solvents and diesel exhaust at their work. This can cause cancer and other health issues.
The Court has approved the Class and is preparing for trial. The Court has not yet decided if BNSF violated BIPA or what amount of money you could receive or any other benefits. If and when the Court decides, you will be notified regarding the process to get any benefits or money. The documents you can access on this website, such as the Court's Order to certify the Class and the Second Amended Complaint filed by the Plaintiff and BNSF's Answer to the Second Amended Complaint, can help you determine if you have claims.
Lawsuits for 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 claim seeks compensation for the loss of income suffered by the person who died, loss of companionship and affection and other personal pain. It also compensates the family members who survived for their losses and costs that will continue for the foreseeable future. A wrongful-death lawsuit can be brought by the person who died's spouse, children, siblings parents, nieces and nephews, or anyone who was financially dependent on them at the time of the accident.
railroad lawsuit -death suit can be filed in the case of a fatal train collision to make the railroad company accountable for the death of a loved one. A train accident lawyer can assist a family member of a victim get the highest settlement amount.
For example when a wrongful demise lawsuit involving the crash of a train the attorney will review the facts of the case, such as accident reports and evidence from physical sources. Lawyers can also rely on expert witness testimony, as well as other sources to build the strongest case.
In a recent wrongful death case the wife of a deceased man sued BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. The widow claimed that BNSF didn't provide enough warnings. She argued the crossing was not equipped with automated gates and that the flashing lights didn't provide accurate warnings that a train was approaching. BNSF filed pretrial motions asserting that federal law preempted widow's claims. The court ruled against BNSF's claims.