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How to File a Railroad Lawsuit

Many railroad employees are exposed to chemical solvents on a daily basis. If you developed leukemia after working for a railroad and suspect your exposure to the workplace caused you may be entitled to compensation.

In contrast to workers' compensation claims, FELA suits allow plaintiffs to receive damages in unlimited amounts. Learn more about FELA claims and how to file a claim.

Benzene Exposure lawsuits against union pacific railroad

Benzene, a petroleum-based chemical, class Action lawsuit against Railroads is found in gasoline and diesel fuel. It is a light yellow or clear liquid that turns into a dangerous vapor when exposed to air. It is used in the production of chemicals, rubber as well as paints. It is also used to clean equipment and remove grease. As part of their work railroad workers work with or utilize toxic chemicals.

Workers exposed to benzene while at work can develop leukemia and cancers. Symptoms can include nausea, fatigue, and loss of hair. People may also experience difficulties with concentration and memory loss.

If a worker is diagnosed with one of these diseases, he/she can sue their employer under the Federal Employers Liability Act. In order to be awarded damages, the employee must establish that his or her work and exposure to the chemical was a major cause of the illness.

Workers who have been exposed can also file wrongful death lawsuits against their employers. Wrongful death damages can be used to be used to cover funeral costs, burial costs emotional distress, suffering and pain. These damages are calculated using the same method that workers who receive FELA compensation are compensated.

FELA Lawsuits

Railroad companies are known for exposure to carcinogens like asbestos, diesel exhaust and lead. Unfortunately this puts former railroad workers at a greater risk of developing serious occupational diseases like mesothelioma and lung cancer. Fortunately, these individuals can sue to get compensation for their injuries and losses. The Federal Employers Liability (FELA) Act permits workers to sue employers under a legal framework that is distinct from traditional workers' compensation programs.

Contrary to workers' compensation statutes, FELA requires employees to prove that their employer's negligence contributed to their injury or illness. If an employee can prove that negligence by railroad companies contributed to their injury or illness the employee is entitled to damages. This includes a claim to get back the cost of medical expenses, lost wages as well as discomfort and pain.

Unfortunately, railroad companies combat these claims using sophisticated and often aggressive litigation strategies. This can be as simple as the argument that the worker is unable to pinpoint an instance in which toxic substances were exposed, and cannot name a manufacturer or part that contained toxic chemicals or toxins. A knowledgeable FELA attorney who is specialized in railroad injury cases can fight back against these defenses. They can also find evidence of negligence by the railroad from a variety of sources, including third parties.

Class Action Lawsuits

A class Action Lawsuit against railroads action lawsuit permits one plaintiff to sue others who have suffered similar injuries. The Plaintiff is referred to as a "class representative," sues a company (in this instance, BNSF Railway Company). People who have similar claims are together known as the "class." In the case of a class action, a court decides all issues 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. In addition, you may be entitled to damages for wrongful death if a loved ones died from his or her railroad-related leukemia.

Railroad companies have a responsibility to provide a safe work environment for their workers. However many railroads do not meet this obligation and workers are exposed to harmful industrial solvents and diesel exhaust at their jobs. This can cause illnesses such as cancer and others.

The Court has confirmed the Class and is moving towards trial. It is not yet deciding whether BNSF violated BIPA or how much money you might be able to receive. You will be notified if and when the Court decides. You can determine if you are eligible to claim by looking over the documents on this website. This includes the Court's order to certify the class action lawsuit against union pacific railroad, the Second Amended Complaint submitted by the Plaintiff and BNSF's answer to the Second Amended Complaint.

Lawsuits for Wrongful Death

The family of the victim may file a lawsuit for wrongful death if a person died due to another's negligence. This type of claim seeks to compensate the deceased's financial losses, their loss of companionship and love, and any other personal suffering. The surviving family members are compensated for the loss and costs they'll face in the future. The spouse parents, children siblings, nieces and nephews, or anyone else who was financially dependent upon the deceased can bring an action for wrongful death.

In the event of a fatal railroad crash, a wrongful death lawsuit can bring the railroad company to account for a loved one's death. A train accident lawyer can help the family of the victim get the highest settlement.

An attorney can look over the facts in a wrongful-death lawsuit in the event of a train collision, like accident reports or physical evidence. The lawyer can also analyze expert witness testimony and other sources to create the strongest possible case.

In a recent wrongful death case in which a wife was suing BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. The widow claimed that BNSF did not provide adequate warnings. She argued the crossing was not equipped with automatic gates and that the flashing lights did not give reliable warnings of approaching trains. BNSF made pretrial motions to argue that federal law preempted the widow's claims. The court denied BNSF’s motions.