How to File a Railroad Lawsuit
Chemical solvents are a regular part of the daily work environment for a lot of railroad workers. If class action lawsuit against union pacific railroad have developed leukemia while working for a railroad and suspect your exposure to chemicals in your workplace was the reason you may be entitled to compensation.
Contrary to claims for workers' compensation, FELA suits allow plaintiffs to receive a wide range of damages. Learn more about FELA claims and how to file your claim.
Benzene Exposure Lawsuits
Benzene is a petroleum-based chemical that is found in crude oil, gasoline and diesel fuel. It is clear liquid or light yellow that vaporizes when exposed to the air. It is used in the production of chemicals, rubber as well as paints. It is also used to clean equipment and remove grease. Railroad workers often handle or employ these toxic chemicals in the course of their job.
Workers who are exposed to benzene as part of their jobs can develop numerous serious adverse reactions, including leukemia and other cancers. These symptoms include nausea, fatigue, and loss of hair. Workers may also experience a loss of memory or difficulty concentrating.
If the worker is diagnosed one of these conditions, he or she can bring a lawsuit against their employer under the Federal Employers Liability Act (FELA). To be awarded damages, the employee must prove that his or her employment and exposure to the chemical was a significant factor in the development of the disease.
Workers who have been exposed may also bring wrongful death suits against their employers. In the event of a wrongful death, damages may be awarded to pay funeral and burial costs and future loss of wages, emotional distress and suffering. The damages are usually calculated using the same methodology as workers who receive FELA compensation.
FELA Lawsuits
Railroad companies are known for exposing their employees to carcinogens like asbestos and diesel exhaust and lead. Unfortunately this puts former railroad workers at an increased risk of developing serious occupational diseases such as mesothelioma or lung cancer. Fortunately, these individuals can pursue a lawsuit to seek compensation for their injuries and losses. The Federal Employers Liability (FELA) Act allows these workers to sue employers under an legal framework that is different from traditional workers' compensation programs.
Contrary to workers' compensation statutes, FELA requires employees to prove that negligence by their employer contributed to their illness or injury. If an employee can prove that negligence by a railroad company contributed to their illness or injury, they are entitled damages. This includes claims for medical expenses, lost wages and pain and suffering.
Railroad corporations often fight these claims with sophisticated and often aggressive litigation strategies. These defenses could include the argument that the former employee is unable to pinpoint an instance in which toxic substances were ingested and cannot identify a particular manufacturer or component that contained toxic chemicals or toxic substances. A FELA attorney who has experience with railroad injury lawsuits will be able defend these arguments. They can also find evidence of negligence by the railroad through a variety of sources, such as third-party.
Class Action Lawsuits
A class action lawsuit allows one plaintiff to sue for others who have suffered similar injuries. The Plaintiff also referred to as"class representative "class representative", sues a business (in this case, BNSF Rail Company). All those who have similar claims are referred as the "class." In group actions, one court will resolve all concerns for the entire class. This is more effective than individual lawsuits.
If you are a class member, you could be entitled compensation for medical expenses loss of wages, pain and discomfort or loss of enjoyment life, and other damages. You may also be entitled to wrongful-death damages if your loved one who died from leukemia caused by railroads.
Railroad companies have an obligation to provide a safe working environment for their workers. Unfortunately many railroads do not fulfill this obligation, and workers are exposed to toxic industrial solvents and diesel exhaust while at their jobs. This can lead to the development of cancer as well as other health issues.
This Court has certified this Class and is now moving it towards trial. The Court has not yet made a decision whether BNSF violated BIPA or how much money or benefits you could receive. If and when the Court decides that it did, you will be informed about the best way to claim any benefits or money. The documents you can access on this website, which include 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 will help you determine if you have a claim.
Wrongful death lawsuits
In the event that a person was killed due to someone else's negligence, the family of the victim may file a wrongful deaths lawsuit. This type of claim seeks to recover the deceased person's economic losses as well as loss of companionship, affection and other personal pain. It also compensates the family members who survived for their losses and costs that will continue into the future. The spouse or children, parents siblings, nieces, nephews or anyone else who was financially dependent on the deceased may bring a wrongful death lawsuit.
In the event of a fatal railroad accident, a wrongful death lawsuit could make the railroad company accountable for a loved one's death. A train accident lawyer can help a victim's family get the highest settlement amount.
An attorney may review the evidence in a lawsuit for wrongful death which involves a train accident such as accident reports, or physical evidence. The lawyer can also use expert witness testimony and other sources to present the strongest case.
In a case of wrongful death the wife of a deceased man sued BNSF for the death of her husband at a railroad cross in Pontotoc County. The widow claimed BNSF did not provide sufficient warnings. She argued that the crossing was not equipped with automatic gates and that flashing lights were not reliable indicators of an approaching train. BNSF filed pretrial motions, arguing that federal law preempted the widow's claims. The court denied BNSF's motions.