How to File a Railroad Lawsuit
Chemical solvents are a part of the everyday work environment for a large number of railroad workers. If you suffer from leukemia and suspect your workplace exposure is the reason, then you may be entitled compensation.
As opposed to workers' compensation claims, FELA suits allow plaintiffs to receive a wide range of damages. Find out more about FELA claims and how to file a claim.
Benzene Exposure Lawsuits
Benzene, which is a petroleum-based material that is found in diesel and gasoline. It is a light yellow or clear liquid that turns into a hazardous vapor when exposed to air. It is used to manufacture rubber, chemicals and paints. It can also be used to clean machines and remove grease. As part of their duties railroad workers handle or utilize toxic chemicals.
Workers who are exposed to benzene while doing their work can suffer from numerous serious side effects, including leukemia and other cancers. These symptoms include nausea, fatigue, vomiting and loss of hair. People may also experience a loss of memory and trouble concentrating.
If someone is diagnosed with one of these illnesses and suffers from one of them, they can sue their employer under the Federal Employers Liability Act (FELA). In order to receive damages, the employee must establish that his or her work and exposure to the chemical was a major cause of the illness.
Workers who have been exposed could also bring wrongful death suits against their employers. In the event of a wrongful death, damages may be awarded to pay funeral and burial costs as well as future lost wages, emotional distress, and suffering and pain. The damages are usually calculated using the same method that workers receive FELA compensation.
FELA Lawsuits
Railroad companies are notorious for exposure to carcinogens like as diesel exhaust, asbestos and lead. This sadly puts many former rail workers at elevated threat of developing serious occupational ailments like mesothelioma, lung cancer and kidney cancer. Fortunately, they are able to bring a lawsuit in order to receive compensation for their injuries and losses. The Federal Employers Liability (FELA) Act permits these workers to sue employers under an legal framework that is different from traditional workers' compensation programs.
Contrary to workers' compensation statutes, FELA requires employees to prove that their employer's negligence led to their injury or illness. If an employee can prove that the negligence of a railroad business contributed to their injury they can claim damages for their losses. This includes claims for lost wages, medical expenses and pain and suffering.
Railroad corporations often use sophisticated and abrasive legal strategies to fight these claims. These defenses can include the argument that the former employee is unable to pinpoint a specific instance in which toxic substances were exposed, and cannot identify a specific producer or product that contained harmful chemicals and toxic substances. A FELA attorney who has experience in railroad injury lawsuits will be able defend these arguments. They can also discover evidence of the railroad's negligence from a variety of sources, including third-party.
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"class representative "class representative" is suing a business (in this case, BNSF Rail Company). People who have similar claims are together known as the "class." In group actions, one court resolves all of the concerns for the entire class. This is more efficient than filing many individual lawsuits.
If you are a class member, you may be entitled compensation for medical expenses loss of wages, pain and discomfort as well as loss of enjoyment life and other damages. In addition, you may be entitled to compensation for wrongful death if your loved one passed away due to the leukemia that was caused by railroads.
Railroad companies are bound to provide a safe working environment for their employees. Unfortunately many railroads do not comply with this requirement and employees are exposed to harmful industrial solvents and diesel exhaust while at their work. This could lead to illnesses such as cancer and others.
This Court has certified the Class and is now moving towards trial. The Court has not yet made a decision whether BNSF violated BIPA or how much money you might receive. If and when the Court decides to rule the matter, you will be informed about the best way to claim any benefits or money. You can determine whether you are eligible to claim by reviewing the documents on this site. These include the Court's order to certify the class, the Second Amended Complaint filed by the Plaintiff, as well as BNSF's response to the Second Amended Complaint.
Legal action for wrongful death
In cases where someone has died due to another's negligence, the victim's family may file a wrongful deaths lawsuit. This type of lawsuit seeks to recover the deceased person's economic losses as well as loss of companionship, the pain and suffering that comes with it. The survivors of the family are compensated for the losses and expenses they'll incur in the future. The spouse or children, parents siblings, nieces, nephews or anyone else who was financially dependent on the deceased can bring an action for wrongful deaths.
In class action lawsuit against union pacific railroad of a fatal railroad crash A wrongful death lawsuit can make the railroad company accountable for the death of a loved-one. A train accident lawyer can help the victim's family to get the most money possible.
An attorney may review the evidence 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 build the strongest case possible.
In a recent wrongful-death case, a wife filed a lawsuit against BNSF for the death of her husband on a railroad cross in Pontotoc County. The widow claimed that BNSF didn't provide enough warnings. She argued that the crossing did not have automatic gates and that the flashing lights were not reliable warnings of approaching trains. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. The court denied BNSF's motions.