What Makes The Railroad Lawsuit Interstitial Lung Disease So Effective? When COVID-19 Is In Session
How to File a Railroad Lawsuit
Chemical solvents are part of the everyday work environment for many railroad employees. If you have leukemia and suspect that your exposure at work could be the cause, you may be entitled to compensation.
Unlike workers' compensation claims, FELA lawsuits allow plaintiffs to claim unlimited damages. Learn more about FELA lawsuits and how to file your own claim.
Benzene Exposure Lawsuits
The chemical Benzene is made of petroleum that can be found in gasoline, crude oil and diesel fuel. It is clear liquid or light yellow that vaporizes when exposed to air. It is used to make chemicals, rubber and paints. It can also be employed to clean machines and remove grease. As part of their duties railroad workers work with or utilize toxic chemicals.
Workers exposed to benzene at work can develop leukemia or cancers. Symptoms can include nausea, fatigue, and hair loss. The patient may also experience loss of memory or difficulty concentrating.
If someone is diagnosed with one of these diseases, he or she can sue their employer under the Federal Employers Liability Act (FELA). To be able to claim damages, an employee must prove that their work and exposure to chemicals had a significant impact on their health.
Workers who have been exposed to benzene can also file wrongful death claims against their employers. Wrongful Death damages can cover funeral expenses burial costs emotional distress, suffering and pain. The damages are usually calculated using the same method as workers who are awarded FELA compensation.
FELA Lawsuits
Railroad companies are notorious for exposing workers to carcinogens such asbestos, diesel exhaust and lead. This puts many former workers on rails at a higher danger of developing serious occupational diseases like mesothelioma, lung cancer, and kidney cancer. Fortunately, they are able to file a lawsuit to obtain compensation for their losses and injuries. The Federal Employers Liability Act (FELA) allows the 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 led to their injury or illness. If railroad lawsuit settlements can prove that negligence by a railroad company caused their injury they are entitled to compensation for the losses they suffered. This includes claims for medical expenses, lost wages and pain and suffering.
Railroad corporations often use aggressive and sophisticated legal strategies to fight these claims. They can use arguments that the former worker is unable to identify any specific instance of ill-health exposure to toxic substances and cannot name a particular manufacturer of equipment or components that contain harmful chemicals or toxins. A FELA attorney who has experience in railroad injury claims will be able to contest these defenses. They can also find evidence of negligence by the railroad from different sources, including third party.
Class Action Lawsuits
A class action lawsuit permits one plaintiff to sue for others who have suffered similar injuries. The Plaintiff is referred to as a "class representative," sues a company (in this instance, 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 effective than individual lawsuits.
If you are a member of the Class, you could be entitled to compensation for medical expenses, lost earnings, suffering and suffering loss of enjoyment of life, and other damages. You could also be entitled to wrongful-death damages if the person you loved who passed away from leukemia related to railroads.
Railroad companies are required to provide workers with a safe working environment. Unfortunately the majority of railroads fail meet this obligation and workers are exposed to toxic industrial solvents and diesel exhaust at their job. This could lead to illnesses such as cancer and others.
The Court has certified the Class and is preparing for trial. It is not yet deciding whether BNSF violated BIPA or what amount of money that you could receive. You will be informed of the decision if and when the Court decides. You can determine if you are eligible for a claim by looking over the documents on this website. These include the Court's order to certify the class, the Second Amended Complaint submitted by the Plaintiff, as well as BNSF's reply to the second Amended Complaint.
The lawsuits involving wrongful death
In the event that someone was killed due to someone else's negligence, the victim's family could file a wrongful death lawsuit. This type of lawsuit seeks to compensate the deceased's economic losses and their loss of companionship and affection, and any other personal pain. The surviving family members receive compensation for the losses and expenses they will incur in the future. The spouse parents, children siblings, nieces, nephews or anyone else financially dependent on the deceased may bring an action for wrongful death.
In the event of a fatal railroad accident the wrongful death lawsuit could claim the railroad company is responsible for the death of a loved ones. A train accident attorney will assist the family of the victim receive the maximum settlement.
For example, in a wrongful death suit that involves trains 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 make the strongest possible case.
In a case of wrongful death the wife of a deceased man sued BNSF for the death of her husband on a railroad cross in Pontotoc County. The widow claimed BNSF did not provide adequate warnings. She claimed that the crossing was not equipped with automatic gates and that flashing lights did not provide reliable warnings of approaching trains. BNSF made pretrial motions to argue that federal law preempted the widow's claims. The court ruled against BNSF's motions.