How to File a Railroad Lawsuit
Chemical solvents are an integral part of the daily work environment for many railroad employees. If you developed leukemia after working for a railroad and suspect that workplace exposure was the cause you could be entitled to compensation.
Unlike workers' comp claims, FELA suits allow plaintiffs to receive unlimited damages. Learn more about FELA claims and how to file a claim.
Benzene Exposure Lawsuits
Benzene is a chemical derived from petroleum that is found in crude oil, gasoline and diesel fuel. It is transparent or light yellow liquid that turns into a dangerous vapor when exposed to air. It is used to make of chemicals, rubber and paints. It can also be used to clean machinery and remove grease. As part of their work railroad workers deal with or use toxic chemicals.
Workers who are exposed to benzene during their jobs may experience several serious adverse effects, including leukemia and other cancers. Symptoms can include nausea, fatigue, and hair loss. People may also experience a loss of memory and difficulty in concentrating.
If the worker is diagnosed one of these diseases and is diagnosed with one of these illnesses, they can make a claim against their employer under the Federal Employers Liability Act (FELA). To be awarded damages, the plaintiff must establish that his or her employment and exposure to the chemical was a significant factor in the development of the disease.
Workers who have been exposed may also file wrongful death lawsuits against their employers. Wrongful death damages can be used to be used to pay funeral expenses burial costs, emotional distress, and suffering and pain. The damages are usually determined using the same procedures as workers who receive FELA compensation.
FELA Lawsuits
Railroad companies are notoriously known for exposing their workers to carcinogens like asbestos and diesel exhaust, and lead. This puts a lot of former employees of railroads at risk chance of developing serious occupational illnesses such as mesothelioma or lung cancer, as well as kidney cancer. Fortunately for them, they can sue to get compensation for their losses and injuries. The Federal Employers Liability Act (FELA) allows these workers to sue their employers within a different legal framework than traditional workers' compensation programs.
In contrast to the workers' compensation laws, FELA requires employees to prove that the negligence of their employer contributed to their injury or illness. If an employee can demonstrate that negligence by railroad companies contributed to their illness or injury the employee is entitled to damages. This includes a claim for medical expenses, lost wages and pain and suffering.
However, railroad companies defend these claims with sophisticated and often aggressive litigation strategies. They can use defenses such as the argument that the former employee cannot identify an instance in which toxic substances were ingested and cannot identify a particular manufacturer or product that contained toxic chemicals or toxic substances. A FELA attorney who has experience with railroad injury lawsuits will be able combat these defenses. They can also uncover evidence of negligence on the part of the railroad from many sources, including third party.
Class Action Lawsuits
A class action lawsuit permits a plaintiff to sue behalf of others with similar injuries. The Plaintiff is referred to as a "class representative," sues a company (in this instance, BNSF Railway Company). All people with similar claims are collectively referred to as the "class." In class actions, a single court will resolve all issues that affect the entire class. This is more efficient than having many individual lawsuits.
If you are a member of the Class, you could be entitled to compensation for your medical expenses, lost earnings, suffering and suffering loss of enjoyment of life, and other damages. You could also be entitled to wrongful-death damages if the person you loved was diagnosed with leukemia that was caused by railroads.
Railroad companies are obligated to provide workers with a safe work environment. Unfortunately the majority of railroads fail fulfill this obligation, and workers are exposed to toxic industrial solvents and diesel exhaust at their job. This can lead to the development of cancer as well as other health issues.
The Court has granted the Class certification and is advancing towards trial. The Court hasn't yet decided if BNSF violated BIPA or what you could receive or any other benefits. You will be notified if and when the Court decides. You can determine if you are eligible for a claim by reviewing the documents on this site. These include the order of the Court certifying the class, the second Amended Complaint submitted by the Plaintiff, as well as BNSF's answer to the Second Amended Complaint.
Legal action for wrongful death
The family of the victim may file a lawsuit for wrongful death if someone was killed due to negligence of another. This type of claim seeks to compensate the loss of the deceased's earnings, loss of companionship and affection and other personal pain. It also compensates the survivors of the family for their losses and costs that will continue into the future. The spouse children, parents siblings, nieces, nephews or anyone else financially dependent on the deceased could bring a wrongful death lawsuit.
A wrongful death suit may be filed in the case of a fatal train collision to make the railroad company accountable for the death of a loved ones. A train accident lawyer can assist the family of the victim to get the most money possible.
An attorney can review facts in a wrongful-death lawsuit which involves a train accident such as accident reports, or physical evidence. Attorneys can also review expert witness testimony and other sources to construct the strongest case possible.
In a recent wrongful death action, a widow suing BNSF over her husband's death at an intersection in Pontotoc County. The widow claimed that BNSF did not provide sufficient warnings. She argued the crossing was not equipped with automated gates and that the lights flashing did not provide adequate warnings that a train was about to arrive. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. class action lawsuit against railroads denied BNSF’s motions.