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A recent railroad cancer lawsuit has been filed by a widow against the Illinois Central Railroad Company alleging that her deceased husband developed cancer following carcinogen exposure from the rail line and suffered death as a result.
Theresa R. files the FELA railroad cancer lawsuit in Illinois federal court on behalf of her deceased husband, Thomas R.
The FELA, or Federal Employers’ Liability Act, is an exclusive remedy brought by railroad workers when injured on the job against their employers.
According to the FELA railroad cancer lawsuit, Thomas worked for the railroad company between 1974 and 1987 as a freight train operator. Throughout his career, he worked and lived within the state of Illinois, the FELA railroad cancer lawsuit states.
During his career, he allegedly was exposed to toxic substances including asbestos brake dust, asbestos insulation, benzene and diesel exhaust.
Thomas was routinely and daily exposed to carcinogens either through inhalation, touch or consumption. For example, he would routinely walk alongside trains to switch locomotives, and this exposed him to asbestos brake dust from hard braking trains, the FELA railroad cancer lawsuit states.
As a collector and conductor for the freight train, he also utilized a locker room which he says had asbestos insulation because of pipes that ran through the locker room. He was also exposed to asbestos in this way.
Teresa claims Thomas was diagnosed with esophageal cancer from exposure he suffered working for Illinois Central.
The FELA railroad cancer lawsuit maintains that the railroad company was negligent in allowing Thomas’ exposure to asbestos products and other carcinogens. Negligence resulted from failure to exercise ordinary care and caution and provide a safe place for work, the lawsuit alleges.
The railroad company also allegedly failed in testing the railroad facility and other buildings for the presence of asbestos and carcinogens. Teresa also says the company further failed to monitor their facilities and warn Thomas of risks involved with asbestos and other carcinogenic exposure.
Federal Employers’ Liability Act (FELA)
The Federal Employers’ Liability Act (FELA) allows a railroad employee to recover damages, compensation, lost earnings and payment for injuries suffered while on the job because of failed reasonable care provided for by their employers.
Railroad companies are expected to provide a reasonable and safe place to work for every railroad employee. Any equipment used by the employee during the normal course of his or her employment should also be reasonably safe. Specific items may include machinery, roadbed, tools, locomotives and cars.
Any railroad worker who engages in the interstate transportation of goods or people is covered by FELA, and FELA ensures that working conditions for employees are safe.
FELA can impose a duty to warn against hazardous or unsafe conditions. Employers must also provide proper training, provide necessary help or assistance, provide supervision, provide safety rules and provide safe methods for employees to perform specific tasks while on the job.
This FELA Railroad Cancer Lawsuit is Case No. 1:17-cv-08517, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual railroad worker cancer lawsuit or class action lawsuit is best for you. [In general, railroad worker cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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