How to File a Railroad Lawsuit
Chemical solvents are an integral part of the everyday work environment for a lot of railroad workers. If you suffer from leukemia and you suspect that the exposure you receive at work is the cause, you could be eligible for to compensation.
In contrast to workers' compensation claims, FELA lawsuits allow plaintiffs to claim unlimited damages. Read on to learn more about FELA lawsuits and how you can make a claim of your own.
Benzene Exposure Lawsuits
Benzene, which is a petroleum-based material, is found in diesel and gasoline. It is transparent or light yellow that evaporates when exposed to air. It is used to make rubber, chemicals and paints. It is also used as solvents to clean equipment and remove grease from machines. As part of their job railroad workers deal with or utilize toxic chemicals.
People who are exposed to benzene at work can develop leukemia or cancers. The symptoms can include nausea, fatigue, and hair loss. Workers may also have memory loss and concentration problems.
If a worker is diagnosed with one of these ailments, he or she can make a claim against their employer under the Federal Employers Liability Act (FELA). To be able for damages, a worker must prove that his or her employment and exposure to a chemical had a significant impact on their health.
Workers who have been exposed to benzene could also make wrongful death claims against their employers. The wrongful death damages can be used to cover funeral and burial costs, lost future wages as well as emotional distress, and pain and suffering. These damages are calculated using the same methods that workers who receive FELA compensation are compensated.
FELA Lawsuits
Railroad companies are famously renowned for exposing their workers carcinogens like asbestos and diesel exhaust, and lead. This puts a lot of former railroad workers at an increased chance of developing serious occupational diseases like mesothelioma and lung cancer as well as kidney cancer. Fortunately for them, they are able to sue to get compensation for their losses and injuries. The Federal Employers Liability Act (FELA) allows employees to sue employers in a different legal framework than traditional workers' compensation programs.
Unlike workers' compensation statutes, FELA requires employees to prove that the negligence of their employer contributed to their illness or injury. If an employee can prove that negligence by a railroad company contributed to their injury and/or illness, they are entitled to damages for their losses. This includes a claim for medical expenses, lost wages as well as pain and suffering.
Unfortunately, railroad corporations combat these claims using sophisticated and often aggressive litigation strategies. They can use arguments that the ill former employee is unable to pinpoint any specific instance of ill-health exposure to toxic substances and cannot name a particular manufacturer of equipment or components that incorporated harmful chemicals and toxic substances. A FELA attorney with experience in railroad injuries claims can combat these defenses. They may also be able to find evidence of the railroad's negligence from various sources, including third-party.
Class Action Lawsuits
A class action lawsuit allows a plaintiff to sue on behalf of others with similar injuries. The Plaintiff, also known as a "class representative" is suing a business (in this case, BNSF Rail Company). The people who have similar claims are collectively referred to as the "class." In class actions, a single court will resolve all concerns for 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 as well as lost earnings, pain and suffering and loss of enjoyment life and other damages. Additionally, you could be entitled to damages for wrongful death if a loved one passed away due to his or her railroad-related leukemia.
Railroad companies are obligated to provide workers with a safe working environment. Unfortunately many railroads do not meet this requirement, and employees are exposed to toxic industrial solvents and diesel exhaust at their jobs. This is often the cause of cancer and other long-term health issues.
This Court has formally certified this class and is now moving it towards trial. The Court hasn't yet decided whether BNSF violated BIPA or how much money you could receive or receive, if any. You will be notified if and when the Court decides. The documents on this website, such as the Court's Order certifying the Class and the Second Amendment Complaint filed by the Plaintiff and BNSF's Response to the Second Amended Complaint, can aid you in determining if you have a claim.
Lawsuits involving Wrongful Death
In cases where someone has died because of another's negligence, the family of the deceased may file a wrongful death lawsuit. This type of claim seeks to recover the decedent's financial losses as well as loss of companionship, love and other personal suffering. Family members who survived are compensated for the losses and expenses they'll incur in the future. A wrongful death lawsuit may be brought by the victim who died's spouse, children, siblings parents, nieces, nephews, or anyone who was financially dependent on them at the time of the accident.
In the case of a fatal railroad accident, a wrongful death lawsuit can make the railroad company accountable for a loved one's death. A train accident lawyer can help the family of the victim get the highest settlement amount.
An attorney can look over the facts in a lawsuit for wrongful death involving a train accident, such as accident reports, or physical evidence. Lawyers can also rely on expert witness testimony, in addition to other sources to build the strongest case that is 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. Railroad Cancer Lawsuit Settlements claimed that BNSF did not provide adequate warnings. She claimed that the crossing did not have automatic gates and that the lights flashing didn't provide accurate warnings that a train was about to arrive. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. The court ruled against BNSF's motions.