How to File a Railroad Lawsuit
Chemical solvents are part of the work environment for a lot of railroad workers. If you suffer from leukemia and suspect that the exposure you receive at work could be the cause, you may be entitled compensation.
Contrary to claims for workers' compensation, FELA suits allow plaintiffs to receive a wide range of damages. Find out more about FELA lawsuits and how to make a claim of your own.
Benzene Exposure Lawsuits
The chemical Benzene is made of petroleum that can be found in gasoline, crude oil and diesel fuel. It is transparent or light yellow that evaporates when exposed to the air. It is used to make chemicals, rubber and paints. Bladder cancer lawsuit can also be used as a solvent to clean equipment and remove grease from machines. As part of their duties railroad workers work with or use toxic chemicals.
Workers exposed to benzene at work can develop leukemia or cancers. These symptoms include fatigue, loss of appetite, nausea, vomiting hair loss, and general feeling of sickness. Some people may also experience a loss of memory and difficulty in concentrating.
If someone is diagnosed with one of these illnesses or conditions, they may bring a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be able to claim damages, an employee must prove that their job and exposure to a chemical was a significant cause.
Workers who have been exposed could also file wrongful death lawsuits 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 typically calculated using the same methods as those who receive FELA compensation.
FELA Lawsuits
Railroad companies are known for exposing workers to carcinogens such asbestos, diesel exhaust and lead. Unfortunately this puts many former railroad workers at a higher risk of developing serious occupational illnesses like mesothelioma and lung cancer. Fortunately, they can pursue a lawsuit to seek compensation for their losses and injuries. union pacific railroad lawsuit (FELA) allows those workers to sue their employers in a different legal framework than traditional workers' compensation programs.
Unlike workers' compensation statutes, FELA requires employees to prove that the negligence of their employer contributed to their injury or illness. If a worker can prove that the negligence of a railroad business caused their injury and/or illness, they are entitled to damages for the losses they suffered. This includes claims to recover lost wages, medical expenses as well as pain and discomfort.
Railroad corporations often combat these claims using sophisticated and often aggressive litigation strategies. Bladder cancer lawsuit can use arguments that the injured former employee is unable to pinpoint a specific instance of unhealthy exposure to toxic substances and cannot name a particular manufacturer of equipment or components which contained harmful chemicals and toxins. A skilled FELA attorney with a specialization in railroad injury cases can counter these defenses. They can also find evidence of the railroad's negligence from different sources, including third parties.
Class Action Lawsuits
A class action lawsuit allows a plaintiff to sue behalf of others who suffer similar injuries. The Plaintiff also referred to as a "class representative," sues a company (in this instance, BNSF Railway Company). The people who have similar claims are referred to as the "class." In class actions, a single court will resolve all issues for the entire class. This is more efficient than pursuing many individual lawsuits.
If you are a member of the Class, you could be entitled to compensation for medical expenses and lost earnings, as well as pain and suffering as well as loss of enjoyment life, and other damages. In addition, you may be entitled to damages for wrongful death if a loved one died from the leukemia that was caused by railroads.
Railroad companies are required to provide a safe working environment for their workers. However the majority of railroads fail meet this obligation and workers are exposed to toxic industrial solvents and diesel exhaust while at their jobs. This is often the cause of cancer and other long-term health problems.
This Court has formally certified this class and is now moving it towards trial. It is not yet deciding whether BNSF violated BIPA or how much money you may be eligible to receive. If and when the Court does decide that it did, you will be informed about how to obtain any money or benefits. You can determine if you are eligible to claim by looking over 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 and BNSF's reply to the second Amended Complaint.
The lawsuits involving wrongful death
In the event that a person has died because of another's negligence, the family members of the victim can file a wrongful-death lawsuit. This type of lawsuit seeks to compensate the deceased's economic losses, their loss of friendship and affection, as well as any other personal pain. It also compensates the survivors of the family for their losses and expenses that will continue into the future. The spouse parents, children siblings, nieces, nephews, or anyone else who was financially dependent on the deceased could bring a wrongful death lawsuit.
In the case of a fatal railroad accident A wrongful death lawsuit could claim the railroad company is responsible for the death of a loved ones. A train accident attorney can help the victim's family receive the maximum settlement.
For instance in a wrongful-death lawsuit involving the aftermath of a train crash an attorney could review the facts of the case, including accident reports as well as physical evidence. The lawyer can also look at expert witness testimony and other sources to create the strongest possible case.
In a recent wrongful death lawsuit, a widow sued BNSF over the death of her husband at the railroad crossing in Pontotoc County. The widow claimed that BNSF did not provide adequate warnings. union pacific railroad lawsuit argued that the crossing did not have automatic gates and that the lights that flashed did not provide reliable warnings that a train was about to arrive. BNSF made pretrial motions to argue that federal law preempted widow's claims. The court ruled against BNSF's claims.