How to File a Railroad Lawsuit
Chemical solvents are an integral part of the everyday work environment for a lot of railroad workers. If you suffer from leukemia and suspect that your workplace exposure is the cause, then you may be entitled compensation.
Contrary to claims for workers' compensation, FELA lawsuits allow plaintiffs to claim unlimited damages. Read on to learn more about FELA lawsuits and how you can start your own claim.
Benzene Exposure Lawsuits
Benzene, which is a petroleum-based material, is found in diesel and gasoline. It is transparent or light yellow liquid that evaporates into a hazardous vapor when exposed to air. It is used in the production of chemicals, rubber, and paints. It can also be used as a solvent to clean equipment and remove grease from machines. Railroad workers typically handle or employ these hazardous chemicals as part their duties.
Workers exposed to benzene while at work are at risk of developing leukemia and cancers. Symptoms can include fatigue, nausea, vomiting and loss of hair. Some workers may also be affected by difficulties with concentration and memory loss.
If the worker is diagnosed one of these ailments or conditions, they may file a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be eligible for damages, a worker must prove that their job and exposure to a chemical were a significant contributor to the illness.
Workers who have been exposed to benzene could also claim wrongful deaths against their employers. Damages for wrongful death can be used to pay funeral expenses funeral costs, burial costs emotional distress, suffering and pain. These damages are usually determined using the same procedures as those who receive FELA compensation.
FELA Lawsuits
Railroad companies are notorious for exposure to carcinogens such asbestos, diesel exhaust and lead. This puts many former workers on rails at a higher danger of developing serious occupational ailments like mesothelioma and lung cancer as well as kidney cancer. Fortunately, these workers can bring a lawsuit in order to receive compensation for their injuries and losses. The Federal Employers Liability Act (FELA) allows these workers to sue their employers under a distinct legal framework than traditional workers compensation programs.
In contrast to the workers' compensation laws, FELA requires employees to prove that negligence by their employer contributed to their illness or injury. If a worker can prove that a railroad company's negligence caused their injury they are entitled to compensation for the losses they suffered. This includes a claim for lost wages, medical expenses and pain and suffering.
However, railroad companies combat these claims using sophisticated and often aggressive litigation strategies. This can be as simple as the argument that the former worker is unable to pinpoint an exact instance where toxic substances were exposed, and cannot identify a specific manufacturer or part that contained harmful chemicals and toxic substances. A skilled FELA attorney who specializes in railroad injury claims can fight back against these defenses. They can also find evidence of negligence by the railroad from many 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 a "class representative" is suing a business (in this instance, BNSF Rail Company). All those who have similar claims are referred as the "class." In class actions, one court will resolve all issues that affect the entire class. This is more effective than individual lawsuits.
If you are a class member, you may be entitled to compensation for medical expenses as well as lost wages, pain and discomfort as well as loss of enjoyment life, and other damages. In addition, you may be entitled to damages for wrongful death if a loved ones died from his or her railroad-related leukemia.
Railroad companies are obligated to provide their employees with a safe work environment. Unfortunately many railroads fail to meet this requirement, and employees are exposed to toxic industrial solvents and diesel exhaust at their jobs. This can cause the development of cancer as well as other health issues.
This Court has certified this Class and is advancing it to trial. The Court has not yet decided if BNSF violated BIPA or what you could receive in the event of a violation. You will be informed when and if the Court decides. You can determine if you are eligible for a claim by looking over the documents on this site. This includes the order of the Court certifying the class, the second Amended Complaint submitted by the Plaintiff, as well as BNSF's reply to the second Amended Complaint.
Legal action 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 to recover the decedent's financial losses as well as loss of companionship, the pain and suffering that comes with it. It also compensates the family members who survived for their losses and costs that will continue for the foreseeable future. The spouse children, parents, siblings, nieces, nephews or anyone else who was financially dependent upon the deceased may file a wrongful death suit.
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 lawyer for train accidents can assist a family member of a victim to receive the maximum amount of settlement.
An attorney can look over the facts in a wrongful-death lawsuit which involves a train accident like accident reports or physical evidence. cancer lawsuits can also analyze expert witness testimony and other sources to build the strongest possible case.
In a recent wrongful death action, a widow sued BNSF over the death of her husband at an intersection 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 the flashing lights were not reliable signals of a train's approach. BNSF filed pretrial motions asserting that federal law preempted widow's claims. The court ruled against BNSF's claims.