How to File a Railroad Lawsuit
Many railroad employees are exposed solvents every day. If you develop leukemia after working for a railroad and suspect that exposure to the workplace caused you could be entitled to compensation.
Unlike workers' compensation claims, FELA lawsuits allow plaintiffs to receive unlimited damages. Find out more about FELA lawsuits and how you can start your own claim.
Benzene Exposure Lawsuits
Benzene is a petroleum-based compound can be found in diesel and gasoline. It is transparent or light yellow liquid that evaporates into a dangerous vapor when exposed to air. It is used in the manufacturing of chemicals, rubber and paints. It can also be used as a solvent to clean equipment and remove grease from machines. Railroad workers typically handle or use these toxic chemicals in the course of their duties.
Workers exposed to benzene at work can develop leukemia or cancers. Some of the symptoms are fatigue, nausea, vomiting and loss of hair. People may also suffer from memory loss and difficulty concentrating.
If a worker is diagnosed with one of these ailments, he/she can sue their employer under the Federal Employers Liability Act. To be able to claim damages, the worker must prove that their employment and exposure to a chemical had a significant impact on their health.
Workers who have been exposed to the smears can also file wrongful death lawsuits against their employers. Damages for wrongful death can cover funeral and burial expenses as well as future lost wages, emotional distress, pain and suffering. These damages are typically determined using the same procedures as workers who are awarded FELA compensation.
FELA Lawsuits
Railroad companies are notoriously known for exposing their workers carcinogens such asbestos, diesel exhaust and lead. Unfortunately this puts former railroad workers at a higher risk of developing serious occupational illnesses such as mesothelioma or lung cancer. These workers have the option to sue for compensation for their injuries. The Federal Employers Liability Act (FELA) allows those workers to sue their employers under a different legal framework than traditional workers' compensation programs.
Unlike workers' compensation statutes, FELA requires employees to prove that their employer's negligence contributed to their injury or illness. If an employee can prove that negligence by the railroad company was responsible for their injury or illness, they are entitled damages. This includes claims to get back the cost of medical expenses, lost wages as well as discomfort and pain.
Railroad corporations often defend these claims with sophisticated and often aggressive litigation strategies. They may use arguments that the sick former worker is unable to identify a specific instance of unhealthy exposure to toxic substances, and cannot identify a manufacturer of equipment or parts that incorporated harmful chemicals and toxic substances. A FELA attorney with experience in railroad injuries claims will be able to defend these arguments. They can also discover evidence of the railroad's negligence from various sources, including third parties.
Class Action Lawsuits
A class action lawsuit allows a plaintiff to sue on behalf of others suffering similar injuries. The Plaintiff also referred to"class representative" or "class representative" is suing a business (in this instance, BNSF Rail Company). The "class" is an association of people who have similar claims. In class cases, a single court decides the case for the entire group. 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 loss of earnings, suffering and suffering loss of enjoyment of life, and other damages. Additionally, you could be entitled to damages for wrongful deaths if your loved one passed away due to the leukemia that was caused by railroads.
Railroad companies have an obligation to provide a safe working environment for their employees. However the majority of railroads fail fulfill this obligation, and workers are exposed to harmful industrial solvents and diesel exhaust at their work. This can cause cancer and other health problems.
This Court has confirmed the Class and is moving towards trial. It has not yet decided whether BNSF violated BIPA or how much money, if any, you may be eligible to receive. You will be notified when and if the Court decides. The documents on this website, such as the Court's Order certifying the Class as well as the Second Amended Complaint filed by the Plaintiff and BNSF's Response to the Second Amended Complaint and the Answer to the Second Amended Complaint, can help you determine if have claims.
Legal action for wrongful death
In the event that a person has died due to another's negligence, the family of the victim can file a wrongful-death lawsuit. railroad lawsuits of lawsuit seeks to compensate the deceased's economic losses as well as their loss of affection and companionship, as well as any other personal pain. It also compensates surviving family members for their losses and expenses that will continue to be incurred into the future. The spouse or children, parents, siblings, nieces, nephews or anyone else financially dependent on the deceased could bring a wrongful death suit.
A wrongful death suit can be filed in the event of a fatal train accident to ensure that the railroad company is held accountable for the loss of a loved one. A train accident lawyer can help the family of the victim obtain the maximum settlement amount.
For instance in a wrongful-death suit that involves the crash of a train the attorney will review the details of the case, including accident reports as well as physical evidence. The lawyer can also analyze expert witness testimony as well as other sources to make the strongest possible case.
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 failed to provide adequate warnings. She claimed that the crossing didn't have automatic gates and that the flashing lights were not reliable signals of a train's approach. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. The court ruled against BNSF's claims.