How to File a Railroad Lawsuit
Chemical solvents are part of the daily work environment for a large number of railroad workers. If you suffer from leukemia and suspect that the exposure you receive at work is the reason, then you could be eligible for compensation.
In contrast to workers' compensation claims, FELA suits allow plaintiffs to receive unlimited damages. Find out more about FELA lawsuits and how to file your own claim.
Benzene Exposure Lawsuits
Benzene is a chemical derived from petroleum that can be found in crude oil, gasoline and diesel fuel. It is clear liquid or light yellow that evaporates when exposed to air. It is used to manufacture rubber, chemicals, and paints. It can also be used as a solvent to clean equipment and remove grease from machines. As part of their job, railroad workers handle or use toxic chemicals.
Workers who are exposed to benzene in their jobs can develop several serious adverse effects, including leukemia and other cancers. The symptoms can include nausea, fatigue, and loss of hair. Some workers may also suffer from difficulties with concentration and memory loss.
If a worker is diagnosed with one of these conditions and suffers from one of these illnesses, they may sue their employer under the Federal Employers Liability Act. To be able for damages, a person must prove that their job and exposure to a chemical had a significant impact on their health.
Workers who have been exposed to benzene are able to also make wrongful death claims against their employers. The wrongful death damages can be used to cover funeral and burial costs, lost future wages, emotional distress and suffering. These damages are calculated in the same way that workers who receive FELA compensation are paid.
FELA Lawsuits
Railroad companies are notorious for exposure of workers to carcinogens, such as asbestos, diesel exhaust and lead. Unfortunately this puts many former railroad workers at an increased risk of developing serious occupational diseases like mesothelioma and lung cancer. Fortunately, these individuals have the right to sue to get compensation for their losses and injuries. The Federal Employers Liability Act (FELA) permits employees to sue employers in a different legal framework than traditional workers' compensation programs.
In contrast to the workers' compensation statutes, FELA is a fault-based law that requires workers to prove that their employer's negligence was a factor in their injury or illness. If a worker can prove that the negligence of a railroad business contributed to their injury, they are entitled to damages for the losses they suffered. This includes claims to recuperate lost wages, medical expenses and discomfort and pain.
Railroad corporations often fight these claims with sophisticated and often aggressive litigation strategies. They can use arguments that the injured former worker cannot identify the specific instances of exposure to toxic substances and cannot identify a manufacturer of equipment or parts that contain harmful chemicals or toxins. A skilled FELA attorney who specializes in railroad injury claims can defend against these defenses. They can also locate evidence of negligence by the railroad from many sources, including third parties.
Class Action Lawsuits
A class action lawsuit allows plaintiffs to sue on behalf of others with similar injuries. The Plaintiff also referred to as"class representative "class representative," sues a company (in this case, BNSF Railway Company). The "class" is a group of people with similar claims. In class cases, a single court decides the case for the entire group. This is more efficient than having a number of individual lawsuits.
If you are a class member, you could be entitled to compensation for medical expenses loss of wages, pain and discomfort or loss of enjoyment life and other damages. Additionally, you could be entitled to damages for wrongful death if a loved ones died from his or her leukemia caused by railroads.
Railroad companies are obligated to provide their employees with a safe work environment. However, many railroads fail to comply with this requirement and employees are exposed to harmful industrial solvents and diesel exhaust while at their job. This can cause the development of cancer as well as other health issues.
This Court has formally certified this class and is advancing it towards trial. It has not yet decided whether BNSF violated BIPA or what amount of money, if any, you might receive. You will be informed of the decision if and when the Court decides. You can determine if are eligible for a claim by reading the documents on this site. These include the Court's order of certification of the class, the second Amended Complaint filed by the Plaintiff, as well as BNSF's answer to the Second Amended Complaint.
Wrongful death lawsuits
In the event that a person has died due to another's negligence, the family of the deceased may file a wrongful death lawsuit. This type of lawsuit seeks to compensate the deceased's financial losses, their loss of companionship and love, and any other personal pain. The family members who survive receive compensation for the losses and costs they'll face in the future. A wrongful death lawsuit can be filed by the person who died's spouse or siblings, children parents, nieces, nephews, or anyone who was financially dependent on them at the time of the accident.
A wrongful death lawsuit can be filed in the case of a fatal train accident to hold the railroad company accountable for the death of a loved one. A train accident lawyer can assist the family of a victim obtain the maximum settlement amount.
wasatch railroad contractors lawsuit may review the evidence in a wrongful death suit in the event of a train collision, such as accident reports, or physical evidence. Attorneys can also utilize expert witness testimony as well as other sources to build the strongest possible case.
In a recent wrongful-death lawsuit, a widow sued BNSF over the death of her husband at a railroad crossing in Pontotoc County. The widow claimed that BNSF was not able to provide sufficient warnings. She claimed that the crossing was not equipped with automated gates and that the lights flashing did not provide reliable warnings that a train was coming. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. The court ruled against BNSF's claims.