How to File a Railroad Lawsuit
Chemical solvents are an integral part of the working environment for a lot of railroad workers. If you have leukemia and suspect the exposure you receive at work is the reason, then you may be entitled compensation.
In contrast to workers' compensation claims, FELA suits allow plaintiffs to receive unlimited damage awards. Learn more about FELA claims and how to file a claim.
Benzene Exposure Lawsuits
Benzene, a petroleum-based substance is present in diesel fuel and gasoline. It is a light yellow or clear liquid that evaporates into a dangerous vapor once exposed to air. It is used to manufacture rubber, chemicals and paints. It can also be used as solvents to clean equipment and remove grease from machines. In the course of their work railroad workers work with or use toxic chemicals.
Workers exposed to benzene at work may develop leukemia and cancers. These symptoms include nausea, fatigue, vomiting and hair loss. People may also experience a loss of memory or difficulty concentrating.
If the worker is diagnosed one of these ailments, he or she can bring a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be able for damages, an employee must prove that his or her employment and exposure to chemicals were a significant factor.
Workers who have been exposed could also file wrongful death lawsuits against their employers. The wrongful death damages can be used to cover funeral and burial costs as well as future lost wages, emotional distress, suffering and pain. These damages are calculated using the same methods that workers who receive FELA compensation are paid.
FELA Lawsuits
Railroad companies are known for exposure of workers to carcinogens, such asbestos, diesel exhaust and lead. Unfortunately, this puts many former railroad workers at a greater risk of developing serious occupational diseases like mesothelioma and lung cancer. They have the option of suing to recover compensation for their injuries. The Federal Employers Liability Act (FELA) permits those workers to sue their employers in a different legal framework than traditional workers compensation programs.
Contrary to the statutes governing workers' compensation, FELA requires employees to prove that their employer's negligence led to their injury or illness. If a worker can prove that a railroad company's negligence caused their injury they can claim damages for their losses. 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. This can be as simple as the argument that the worker cannot pinpoint the specific incident in which toxic substances were in the environment and cannot identify a particular producer or product that contained harmful chemicals and toxins. A skilled FELA attorney who specializes in railroad injury claims will be able to counter these defenses. They can also find evidence of the railroad's negligent behavior from various sources, including third-party witnesses.
Class Action Lawsuits
A class action lawsuit allows one plaintiff to sue for others who have suffered similar injuries. The Plaintiff also referred to as a "class representative," sues a company (in this instance, BNSF Railway Company). All those who have similar claims are collectively referred to as the "class." In the case of a class action, a court resolves all of the issues for the entire class. This is more efficient than individual lawsuits.
If you are a class member, you may be entitled compensation for medical expenses loss of wages, discomfort and pain, loss of enjoyment in life, and other damages. In addition, you may be entitled to compensation for wrongful death if your loved one passed away due to his or her leukemia caused by railroads.
Railroad companies are required to provide a safe work environment for their workers. Unfortunately, many railroads don't meet this obligation. Workers are exposed to toxic industrial chemicals and diesel exhaust while at work. This can lead to cancer and 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 how much money you may be able receive or receive, if any. You will be informed if and when the Court decides. The documents 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 and the Answer to the Second Amended Complaint, can help you determine if you have claims.
Legal action for wrongful death
If someone has died because of another's negligence, the family of the deceased may file a wrongful death lawsuit. This type of claim seeks compensation for the loss of income suffered by the person who died along with the loss of companionship, emotional pain and suffering. It also compensates the survivors of the family for their losses and costs that will continue to be incurred into the future. The spouse children, parents, siblings, nieces, nephews or anyone else who was financially dependent upon the deceased could bring an action for wrongful deaths.
In the case of a fatal railroad accident an wrongful-death lawsuit can hold the railroad company responsible for a loved one's death. A train accident lawyer can help a victim's family obtain the maximum settlement amount.
For instance when a wrongful demise lawsuit that involves a train crash, an attorney can review the facts of the case, including accident reports and evidence from physical sources. Lawyers can also examine expert witness testimony and other sources to create the strongest possible case.
In a recent wrongful-death action, a wife filed a lawsuit against BNSF for the death of her husband at a railroad crossing in Pontotoc County. The widow claimed that BNSF failed to provide adequate warnings. She argued that the crossing did not have automatic gates and that the lights that flashed did not provide adequate warnings that a train was approaching. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. Railroad Cancer Lawsuit Settlements denied BNSF's motions.