FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both old and new, 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, or other carcinogens. Contact us today to receive a free consultation from an experienced railroad lawyer.
FELA Lawsuits
Railroads transport goods or services as well as people across the country each day. It takes a large number of railroad workers to operate and manage these massive systems. Despite advances in technology the work of a railway worker remains extremely hazardous. That's why the Federal Employers Liability Act (FELA) was enacted to safeguard injured railroad workers.
In contrast to workers' compensation, which is a system of no-fault and no-fault, claimants must prove their railroad employer was negligent in order to receive compensation under FELA. Generally, railroad lawsuit is achieved by proving that the railroad's conduct violated a federal law, like the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is usually simpler to prove in FELA lawsuits than it is in other personal injury or workers comp cases. This is because of the strict comparative negligence criterion which permits individuals to seek compensation even if their own actions contributed to their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to investigate the evidence in these cases. It is essential to retain an attorney as early as possible after your injury because the time frame for filing a FELA claim is a short time. This gives us time to collect statements, documents, records and other evidence. Contact railroad lawsuit to schedule one-on-one sessions with an attorney who has experience in railroad litigation today.
Exposure to Carcinogens
Railroad workers face the danger of contracting many of illnesses as a result of exposure to toxic chemicals and toxins while on the job. Railroad workers have been exposed for decades to diesel fumes and welding fumes. They are also exposed to lead, asbestos silica, creosote and creosote. These chemicals can cause cancer and other diseases among railroad workers. If a former or present railroad employee has an illness that is directly linked to the chemicals they were exposed to during their work and is able to submit a FELA suit.
Numerous studies have proven railroad workers to be more likely to develop cancer than other occupations. The most frequent cancers among railroad employees include lung, esophageal and throat cancers, as well as basal-cell carcinomas of the neck and head.
One of the most common carcinogens railway workers are exposed to is benzene. The smell of benzene is sweet and is a colorless, odorless gas. It was banned over 20 years ago in the United States, but it remains in diesel and crude oil exhaust. It is also an ingredient in some degreasers and solvents. Latonya Paige is suing BNSF and the City of Houston and Texas following the death of her nephew from leukemia. Her lawsuit claims that the railroad and the city contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived just two blocks away from the creosote treatment site and the railyard.
The symptoms of Cancer
Railroad transportation is essential to the American economy. The railroads in America transport 30 million passengers each year, and 1.6 billion tonnes of freight. This includes food, lumber and crude oil, grain, as along with vehicles, chemicals and metal ore. A FELA injury lawyer can help you file a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, a kind of skin cancer. He claims that his exposure to sunlight and creosote-coated railroad tracks between 1968 and 2009 caused the condition. He also claims he did not receive the safety equipment to protect oneself from the dangers of work.
LaTonya Paige, a second plaintiff claims that her breast cancer was caused by her work at the Union Pacific rail yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in 2016. When doctors removed the mass they discovered that it was malignant. The cancer has spread from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor has requested 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 toxic chemical mixes until the 1980s. In a study that was released by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer, bladder cancer, colon and rectal carcinomas, and rheumatoid arthritis.
The symptoms of other illnesses
Railroad workers are at risk of developing serious health problems, particularly in the event that they are exposed chemicals on a daily basis. lung cancer lawsuit gives railway employees the right to seek the right to compensation if their employer violates the law. Chaffin Luhana is committed to helping these victims receive the maximum amount of compensation they are entitled to.
According to research, workers in the railway industry are more prone to developing cancer. If the workers are working in locomotives or working in yards, they are frequently exposed to harmful chemicals. For instance the study found that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. The chemical Benzene has been associated with cancer among railroad workers. It is present in a variety of solvents, degreasers and other products used in the railroad industry. It is also a component of diesel exhaust, and is known to cause non-Hodgkin lymphoma in rail workers.
In September an indictment, a jury handed $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for decades. He claimed that he didn't wear protective equipment while installing railroad ties soaked in creosote. He also alleged that he was exposed to degreasing solvents and lead. He suffered from myelodysplastic syndrome (MDS) which later progressed to acute myeloid leukemia.