How to File a Railroad Lawsuit
Chemical solvents are a part of the work environment for a lot of railroad workers. If you have leukemia and suspect your exposure to chemicals at work could be the cause, you may be entitled to compensation.
In contrast to workers' compensation claims, FELA suits allow plaintiffs to receive a wide range of damages. Find out more about FELA lawsuits and how you can start your own claim.
Benzene Exposure Lawsuits
Benzene is a chemical derived from petroleum that is found in gasoline, crude oil and diesel fuel. It is an opaque or light yellow liquid that turns into a dangerous vapor once exposed to air. It is used to manufacture rubber, chemicals as well as paints. It also serves as solvents to clean equipment and remove grease from machines. Railroad workers often handle or utilize these hazardous chemicals as part their work.
People who are exposed to benzene at work can develop leukemia and cancers. These symptoms include fatigue, loss of appetite nausea vomiting hair loss, and general feeling of sickness. People may also be affected by difficulties with concentration and memory loss.
If a person 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 to claim damages, the worker must prove that his or her employment and exposure to chemicals had a significant impact on their health.
Workers who have been exposed may also file wrongful death lawsuits against their employers. csx railroad lawsuit can be used to cover funeral and burial expenses and future loss of wages as well as emotional distress, and suffering and pain. These damages are usually calculated using the same methods that workers receive FELA compensation.
FELA Lawsuits
Railroad companies are notorious for exposure to carcinogens such as diesel exhaust, asbestos and lead. Unfortunately it puts a lot of former railroad workers at greater risk of developing serious occupational diseases such as mesothelioma or lung cancer. Fortunately, they have the right to file a lawsuit to obtain compensation for their losses and injuries. The Federal Employers Liability (FELA) Act permits employees to sue employers within a legal framework that is different from traditional workers' compensation programs.
In contrast to the workers' compensation laws, FELA requires employees to prove that their employer's negligence contributed to their illness or injury. If a worker can prove that the negligence of a railroad company caused their injury they are entitled to damages for the losses they suffered. This includes a claim to recuperate lost wages, medical expenses as well as discomfort and pain.
Railroad companies often employ sophisticated and abrasive litigation strategies to counter these claims. They may use arguments that the ill former employee is unable to pinpoint a specific instance of unhealthy exposure to toxic substances and cannot identify a maker of equipment or components that incorporated 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 negligence of the railroad from various sources, including third-party sources.
Class Action Lawsuits
A class action lawsuit permits plaintiffs to sue on behalf of other people suffering similar injuries. The Plaintiff, called a "class representative," sues a company (in this case, BNSF Railway Company). All those who have similar claims are together known as the "class." In class actions, one court will resolve all issues of the entire class. This is more efficient than many individual lawsuits.
If you are a class member, you may be entitled to compensation for medical expenses as well as lost wages, discomfort and pain or loss of enjoyment life, and other damages. In addition, you may be entitled to damages for wrongful death if a loved one died due to his or her leukemia caused by railroads.
Railroad companies are obligated to provide their employees with a safe working environment. However, many railroads do not fulfill this requirement. Workers are exposed to toxic industrial chemical and diesel exhaust when working. This often leads to cancer and other long-term health issues.
This Court has formally certified this class and is moving it toward trial. It has not yet decided whether BNSF violated BIPA or how much money, if any, you could receive. If and when the Court decides to do so, you will be notified about the procedure to receive any benefits or money. The documents available 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, can help you determine if have an entitlement.
Lawsuits for wrongful death
The family of the victim can bring a lawsuit for wrongful deaths if someone died due to the negligence of another. This type of claim seeks to compensate the deceased person's economic losses, loss of companionship and love and other personal suffering. It also compensates the survivors' family members for their losses and costs that will continue to be incurred into the future. The spouse, children, parents siblings, nieces and nephews, or anyone else who was financially dependent upon the deceased can bring an action for wrongful death.
A wrongful-death suit can be filed in the event of a fatal train crash to ensure that the railroad company is held accountable for the loss of a loved one. An attorney for train accidents can help the family of the victim to receive the maximum amount of compensation.
For instance, in a wrongful death lawsuit involving the crash of a train an attorney could look over the facts of the case, including accident reports and evidence from physical sources. Lawyers can also rely on expert witness testimony as well as other sources to present 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 BNSF did not provide sufficient warnings. She argued the crossing was not equipped with automated gates and that the flashing lights did not give reliable warnings of approaching trains. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. The court denied BNSF’s motions.