FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both old and new who are currently employed, the right of suing their employer in the event that they develop cancer, or another chronic disease because of exposure to benzene fumes, diesel fumes, or other carcinogens. Contact us for a no-cost consultation with a knowledgeable railroad attorney today.
FELA Lawsuits
Every day, railroads transport people, goods and services throughout the country. These massive systems require a lot of railroad workers to manage and operate. Despite advances in technology, the job of a railroad worker is still incredibly dangerous. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.
Unlike workers' comp, which is a no-fault insurance system claims, the claimant must show that their railroad employer was negligent to receive compensation under FELA. Usually, this is accomplished through showing that the railroad's actions violated a federal standard, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is much easier to prove negligence than other personal injury claims. This is due to the pure comparative fault criterion which allows workers to be awarded damages even if they contributed to their injuries.
Shaw Cowart's attorneys have a wealth of experience with FELA claims, and they know how to investigate the evidence in these cases. It is essential to engage an attorney as early as possible after your injury because the time period for filing a FELA claims is limited. This allows us to gather statements, documents, records, and other evidence. Contact us to schedule one-on-one sessions with an attorney who is experienced in railroad litigation today.
Exposure to carcinogens
Railroad workers face the danger of contracting many of ailments due to exposure toxic chemicals and toxins while working. Railroad employees have been exposed for decades to welding fumes and diesel fumes. They are also exposed to asbestos, lead, creosote, silica, and creosote. These chemicals can cause cancer and other diseases among railroad workers. If a current or former railroad employee is suffering from an illness directly related to the chemicals they were exposed to during their work, they may qualify to file an FELA suit.
Numerous studies have revealed railroad workers to be more likely to develop cancer than other jobs. The most frequent cancers among railroad employees include the esophageal, lung, and throat cancers as well as basal-cell carcinomas of the head and neck.
Benzene is among the most prevalent carcinogens to which railroad workers are exposed. Benzene is a non-colorless gas that has a pleasant smell. It was banned in the United States more than 20 years ago, yet it is present in gasoline, crude oil and diesel exhaust. Multiple myeloma lawsuit is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. The lawsuit alleges that the railroad and the city contaminated the area with toxic chemicals from the rail yard of the railroad. Giles lived a few blocks away from the creosote and rail yard.
Cancer Signs and Symptoms
Railroad transportation is crucial to the American economy. Every year, America's railroads transport 30 million people and 1.6 billion tons of freight, including food lumber crude oil, grain, vehicles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a diverse range of dangerous materials and a lot of them develop diseases such as cancer as a result. A FELA injury lawyer can assist you in filing a lawsuit against your employer.
For instance, a former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, which is a skin cancer. He claims that his exposure to sun light and creosote coated railroad tracks between 1968 and 2009 caused the condition. He also claims that he was not receive the necessary protection equipment to shield himself from his workplace hazards.
LaTonya Paige, a third plaintiff asserts that her breast cancer was the result of her work at a Union Pacific rail yard. The Houston resident said she first noticed an abnormal lump in her breast in the year 2016. The mass was found to be malignant after doctors removed it. The cancer has expanded to her lymph nodes, lungs the esophagus and liver.
The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located in the city. The site was used up to the 1980s to store wooden railroad ties that were treated with creosote an organic mixture of coal tar and other toxic chemicals. A study released in January by Texas health officials connected the area to clusters of acute myeloid leukemia colon, bladder, lung and rectal cancers, as well as rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are exposed to a variety of health risks, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to pursue compensation when their employer violates the law. Chaffin Luhana is committed to ensuring that victims receive full compensation they are due.
Studies have shown that people working in the railroad industry are more likely to develop types of cancer. Workers are exposed to harmful chemicals whether they are working in locomotives or in yards. For example research has revealed that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Benzene is another chemical that has been linked with cancer in railroad workers. It is present in many degreasers, solvents and other products used in the rail industry. Kidney cancer lawsuit is also present in diesel exhaust and has been proven to cause non Hodgkin lymphoma in rail workers.
In September the month of September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff worked for Chicago and North Western Railroad and then Union Pacific Railroad Company for decades. mesothelioma lawsuit claimed that he did not wear protective equipment when putting in railroad ties soaked with creosote. He also alleged that he was exposed cleaning solvents and lead. He suffered from myelodysplastic syndrome (MDS) which later progressed to acute myeloid leukemia.