FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both current and former and former employees the right to sue their employer if they suffer from cancer or another chronic disease as a result of exposure to benzene fumes diesel fumes, and other carcinogens. Contact us today for a complimentary consultation with a knowledgeable railroad lawyer.
FELA Lawsuits
Every day, railroads transport people, products, and services across the nation. It takes a significant number of railroad employees to operate and manage these massive systems. Despite advancements in technology, the work of a railway worker remains extremely risky. As such, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers who are injured.
Unlike workers' compensation, which is a no-fault program claimants under FELA must prove that their railroad employer was negligent in order to be eligible for payment. Usually, this is accomplished through showing that the railroad violated some federal norm, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is much easier to prove negligence than other personal injury lawsuits. This is due to the the concept of comparative fault, which allows workers to be awarded damages even if they were the cause of their injuries.
Shaw Cowart's lawyers have extensive experience with FELA claims and are able to evaluate evidence in these cases. It is important to hire a lawyer as soon as you can after your injury because the time limit for filing a FELA claim is a short time. cancer lawsuits will allow us to collect statements or documents, as well as other evidence prior to it disappearing. Contact us today to arrange one-on-one sessions with an attorney experienced in railroad litigation today.
Exposure to Carcinogens
Railroad workers face the risk of contracting a variety of diseases from exposure to toxic chemicals and toxins while on the job. Railroad employees have been exposed for a long time to diesel fumes, welding fumes, and welding fumes. They also are exposed to lead, asbestos silica, creosote and creosote. This is why these chemicals can cause cancer and other illnesses in railroad employees. When a former or current railroad employee suffers from an illness that is directly attributable to the chemicals they were exposed to on the job, they may be eligible to make an FELA lawsuit.
cancer lawsuits have revealed railroad workers to be more likely to develop cancer than other jobs. Some of the most common types of cancers that occur in railroad workers are throat, esophageal, and lung cancers as well basal cell carcinomas that affect the head and neck.
Benzene is one of the most commonly used carcinogens to which railroad workers are exposed. Benzene is a colorless gas that has a sweet smell. It was banned in the United States more than 20 years ago but is still present in gasoline, crude oil and diesel exhaust. It is also a component of some solvents and degreasers. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew died of leukemia. The suit claims that the railroad and city polluted the neighborhood with toxic chemicals that came from the rail yard. Giles lived a few blocks away from the creosote-treatment facility and railyard.
Signs and symptoms of Cancer
Railroad transportation is essential to the American economy. Each year, America's railroads carry 30 million passengers and 1.6 billion tons of freight, which includes food, lumber and other materials, crude oil, grain, vehicles chemicals, crushed stone and metal ore. Railroad workers are exposed to a wide variety of dangerous substances and a lot of them develop diseases such as cancer as a result. A FELA injury attorney can assist you in filing a claim against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell carcinoma, a kind of skin cancer. He claims that his exposure sunlight and creosote-coated railroad ties from 1968 to 2009 caused the condition. He also claims that his workplace was not equipped with the correct safety equipment to shield him from workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work at the Union Pacific track yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in the year 2016. The mass was found to be malignant when doctors removed it. The cancer has taken over her lymph nodes, lungs, liver and esophagus.
The Houston mayor has contacted the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used to store wooden railroad tie treated with coal tar and other harmful chemical mixtures up to the 1980s. A study released in January by Texas health officials found that the area was associated with clusters of acute myeloid leukemia bladder, lung, colon and rectal cancers as well as rheumatoid arthritis.
Signs of other illnesses
Railroad workers are exposed to a variety of health risks, including those who are exposed to chemicals on a daily basis. Bladder cancer lawsuit allows railway workers to seek compensation in the event that their employer breaks the law. Chaffin Luhana is committed to ensuring that victims receive the maximum amount of the compensation they're entitled to.
According to research, workers in the railroad sector are more prone to developing cancer. When workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. For instance an investigation has shown that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene, that is found in a variety of solvents and degreasers employed by railroad companies. It is also found in diesel exhaust and is believed to cause non Hodgkin lymphoma among rail workers.
In September, a jury awarded $7.5 million to a railroad employee who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and then Union Pacific Railroad Company for decades. He claimed that he did no wear protective equipment when installing railroad ties soaked in creosote. He also claimed to have been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic syndrome (MDS) which later progressed into acute myeloid Leukemia.