How to File a Railroad LawsuitCompensation may be offered to railroad workers who contract a bacterial disease due to their work. Contacting a FELA attorney can assist.Plaintiffs claim they were exposed to degreasing agents and creosote, the generic term for coal tar, when working for Chicago & North Western Railway Company and its successor Union Pacific Railroad Company.FELAThe Federal Employers Liability Act (FELA) is which is a law, permits railroad workers to sue their employers if they suffer injuries while on the job. Contrary to workers' compensation laws which provide financial compensation regardless of the manner in which an injury caused, FELA is a fault-based law which requires railroad employees injured to show that their employer's negligence was an impact on their injuries.The FELA also provides a variety of damages that an injured worker can be awarded. Medical expenses, lost wages, and discomfort and pain are all covered. Additionally, if a victim suffers a traumatic brain injury, he or she may be entitled to permanent and total disability benefits as well as loss of future earnings and companionship.In addition to a traumatic brain injury, FELA claims can also be filed for a variety of other illnesses and conditions that result from toxic exposures at work. Many former railroad workers, including those who were engineers, conductors, switchmen or machinists are currently suffering from cancers such as mesothelioma. These former railroad employees were exposed to asbestos, diesel fumes silica dust as well as chemical solvents and the use of weed killers throughout their careers.A FELA lawyer with experience can help you navigate your claim with ease. Your lawyer must be aware of FELA, as well as other laws that apply to your particular case. These include the Occupational Safety and Health Administration regulations and the Boiler Inspection Act.Occupational DiseasesAn occupational disease is a condition or injury that is the result of one's job. Many occupational diseases develop slowly over time, unlike traumatizing injuries, such as those suffered in accidents at work or slips and falls. This is because of continuous exposure to toxic chemicals that are part of the routine of work.Many railroad workers are exposed to a wide variety of hazardous chemicals working. They are often suffering from chronic illnesses and serious health issues because of it. Certain of these ailments can be life-threatening and require ongoing treatment. There are compensations available for railroad workers who are injured.One of the most frequent illnesses is cancer. Kidney cancer lawsuit have linked cancer in railroad workers to exposure to diesel fumes as well as other chemical hazards. These chemicals include benzene, which is a noxious substance that can cause blood cancers as well as other diseases. It is found in gasoline, certain types of wood preservatives and certain kinds of tar.A lawsuit filed against CNW Union Pacific alleged a former railroad employee who worked for the railroad for more than 30 years developed lung cancer as a result of exposure to diesel exhausts and other toxic chemicals. The employee was exposed a variety of dangerous substances, such as creosote that was coated on rail ties. The lawsuit asserts that the railroad company used a "soaking wet" method of treating rail ties. This left employees covered from head to toe in the toxic chemicals.Wrongful DeathRailroad workers are exposed a variety of cancer-causing chemicals and toxins while on the job. Unfortunately, a few of these exposures can cause premature deaths among workers and their families. If a person's death is due to the negligence of a railroad business and/or carelessness, they may be able to pursue wrongful death claims. A seasoned Pennsylvania railroad injury lawyer will analyze the circumstances surrounding the death of your loved ones and determine whether you may be legally entitled to compensation.In closing arguments Damick claimed that Brown did not know that creosote can cause AML and that the CNW was aware of the toxicity of this substance for a long time. Damick also pointed out that the CNW was required to provide protective clothing starting in 1986, but did not until Union Pacific bought it in 1996.If the FRA claims willful conduct that the railroad has committed, it can be penalized and cited but it cannot be compensated for the penalty by its parent company or another institution, such as an organization for labor. Congress believed that penalties should have a deterrent effect on individuals' behavior, which would be lessened, if not eliminated, because of the possibility of being compensated for by the railroad or its affiliates. If a railroad or an individual refuses to settle an amount of money, the FRA through the Attorney General is able to bring suit against the appropriate United States District Court.DamagesRail workers are exposed to carcinogens all day. These toxic substances can trigger a variety of diseases and cancers, including lung cancer and mesothelioma. If a railway worker is diagnosed with one of these diseases, and suspects that the condition may be the result of exposure to carcinogens on the job and they want to consult an attorney for railroad cancer.In a recent Illinois case in which a jury handed out $50,000 to a railroad worker's family who died of mesothelioma. The plaintiff was employed by the Chicago & North Western Railway and its successor, Union Pacific Railroad Company, between 1976 until 2008. As a maintenance worker the plaintiff was exposed to creosote-coated railroad tie. The jury determined that his death was caused by the long-term exposure to these chemicals as well as other dangerous materials found on the railroad.Although this decision is not huge however, it shows the possibility of substantial damages in the event of a FELA lawsuit. In such cases railroads are accountable for medical costs as well as lost wages and other damages. A skilled lawyer for railroads can help victims seek the justice they deserve.