How to File a Railroad Lawsuit
Many railroad employees are exposed to chemical solvents on a regular basis. If you develop leukemia after working for a railroad and suspect your work environment exposure caused the, you may be entitled to compensation.
In contrast to workers' compensation claims, FELA suits allow plaintiffs to receive unlimited damage awards. Find out 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 can be found in crude oil, gasoline and diesel fuel. It is transparent or light yellow that vaporizes when exposed to air. It is used to manufacture chemicals, rubber, and paints. It also serves as a solvent to clean equipment and remove grease from machines. Railroad workers are often exposed to or employ these harmful chemicals as part of their work.
Workers who are exposed to benzene in their jobs may experience a number of severe side effects, such as leukemia and other cancers. Some of the symptoms are fatigue, nausea, vomiting and loss of hair. Some people may also experience a loss of memory and difficulty concentrating.
If a worker is diagnosed with one of these illnesses or conditions, they may file a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be eligible for damages, a person must prove that their work and exposure to chemicals was a significant cause.
Workers who have been exposed may also file wrongful death lawsuits against their employers. The wrongful death damages can be used to pay funeral expenses burial costs emotional distress, pain and suffering. These damages are usually calculated using the same method as those who receive FELA compensation.
FELA Lawsuits
Railroad companies are known for exposure to carcinogens such as asbestos, diesel exhaust and lead. Unfortunately, this puts many former railroad workers at an increased risk of developing serious occupational illnesses such as mesothelioma or lung cancer. These individuals have the right of suing for compensation for their injuries. The Federal Employers Liability (FELA) Act permits these workers to sue employers in an legal framework that is different from 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 an employee can show that negligence by railroad companies contributed to their illness or injury and they are entitled to damages. This includes claims for medical expenses, lost wages and pain and suffering.
Railroad corporations often use aggressive and sophisticated legal strategies to fight these claims. They can use defenses such as the argument that the worker cannot identify a specific instance in which toxic substances were ingested and cannot name a manufacturer or product that contained harmful chemicals and toxic substances. A knowledgeable FELA attorney who specializes in railroad injury cases can counter these defenses. They can also uncover evidence of the railroad's negligence from various sources, including third party.
Class Action Lawsuits
A class action lawsuit permits one plaintiff to sue for others who have suffered similar injuries. The Plaintiff who is known as a "class representative," sues a company (in this instance, BNSF Railway Company). The "class" is a group of individuals with similar claims. In class cases, a single court decides the case for the entire group. This is more effective than many individual lawsuits.
If you are a class member, you may be entitled to compensation for medical expenses loss of wages, discomfort and pain as well as loss of enjoyment life and other damages. You could also be entitled for wrongful-death damages if a loved one who died from leukemia caused by railroads.
Railroad companies have a responsibility to provide a safe working environment for their workers. However, many railroads don't meet this requirement. Workers are exposed to harmful industrial chemical and diesel exhaust when working. This can lead to the development of cancer as well as other health issues.
This Court has certified this Class and is now moving it towards trial. The Court hasn't yet decided if BNSF violated BIPA or how much money you could receive or any other benefits. If and when the Court decides to do so, you will be notified about the best way to claim any benefits or money. You can determine if you are eligible to claim by reviewing the documents available on this site. These include the Court's order of certification of the class, the Second Amended Complaint submitted by the Plaintiff and BNSF's answer to the Second Amended Complaint.
Wrongful death lawsuits
The family of the victim may pursue a lawsuit for wrongful deaths if someone died due to another's negligence. This type of claim seeks compensation for the loss of income suffered by the person who died along with the loss of companionship, the pain and suffering that comes with it. Family members who survived are compensated for the losses and costs they'll face in the future. The spouse parents, children siblings, nieces, nephews, or anyone else who was financially dependent upon the deceased may file an action for wrongful death.
A wrongful death suit can be filed in the case of a fatal train accident to ensure that the railroad company is held accountable for the death of a loved-one. A train accident attorney will assist the family of the victim get the highest settlement.
For example in a wrongful-death suit involving the aftermath of a train crash, an attorney can review the details of the case, such as accident reports and physical evidence. The lawyer can also use expert witness testimony, in addition to other sources to make the strongest case possible.
In a case of wrongful death the wife of a deceased man sued BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. railroad controls limited lawsuit claimed that BNSF was not able to provide sufficient warnings. She claimed that the crossing didn't have automatic gates and that flashing lights were not reliable indicators of a train's approach. BNSF filed pretrial motions asserting that federal law preempted widow's claims. The court ruled against BNSF's claims.