5 Laws Everybody In Railroad Lawsuit Laryngeal Cancer Should Know
The Federal Employer’s Liability Act (FELA) gives current, previous and retired railroad workers the right to sue their employer if they contract cancer or suffer from another chronic illness through exposure to benzene (creosote), benzene diesel fumes and other carcinogens. Contact us for a no-cost consultation with a knowledgeable railroad lawyer today.
Railroads transport goods, services, and even people across the nation every day. These massive systems require an enormous number of railroad employees to manage and operate. Despite advancements in technology, the job of a railroad worker remains extremely hazardous. The Federal Employers Liability Act was adopted to ensure that railroad workers are not injured.
Contrary to workers’ compensation which is a system of no-fault plaintiffs must show that their railroad employer was negligent to receive compensation under FELA. This is typically done by showing that the railroad’s conduct was in violation of the federal standard, such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is typically easier to prove in FELA lawsuits than in other types of personal injury claims or workers comp cases. This is due to the concept of comparative negligence which allows individuals to seek compensation regardless of whether their actions caused their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to analyze the evidence in these cases. Since the time for filing a FELA claim is limited so it is crucial to get an attorney on the case as soon as possible after your injury. This will allow us to collect statements of documents, papers, and other evidence prior to it disappearing. Contact us today to schedule a consultation with an attorney who handles railroad litigation.
Exposure to Carcinogens
Railroad workers are at risk of contracting a variety of diseases as a result of exposure toxic chemicals. Railroad employees have been exposed for a long time to diesel fumes and welding fumes. They also are exposed to lead, asbestos creosote and silica as well as creosote and creosote. These chemicals can cause cancer or other illnesses among railroad employees. If a current or former railroad worker develops a condition that is directly attributable to the chemicals they were exposed to while working or at home, they could be eligible to bring an FELA lawsuit.
Many studies have shown railroad workers to be more likely to develop cancer than other jobs. Some of the most common cancers among railroad employees include the esophageal, lung, and throat cancers, aswell as basal-cell cancers of the neck and head.
One of the most prevalent carcinogens railroad workers are exposed is benzene. Benzene is a 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. It is also an ingredient in some solvents and degreasers. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew was diagnosed with leukemia. The suit claims that the city and railroad contaminated the neighborhood with toxic chemicals from the railroad’s rail yard. Giles lived just several blocks from the railyard and creosote-treatment site.
The symptoms of Cancer
Railroad transportation is vital to the American economy. Every year, America’s rail lines carry 30 million passengers as well as 1.6 billion tons of freight, including food lumber, crude oil, grain, vehicles and chemicals, as well as crushed stone and metal ore. railroad lawsuits workers are exposed range of hazardous materials and a lot of them develop diseases such as cancer as a result. A FELA injury attorney could assist you in filing a claim against your employer.
For instance, a former Union Pacific worker claims that the company’s negligence caused him to develop basal cell carcinoma, which is a skin cancer. He claims that his exposure sun radiation and creosote-coated railroad ties from 1968 to 2009 contributed to the condition. He also claims that he was not provided with the proper safety equipment to protect workers from hazards at work.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work at the union pacific railroad lawsuits Pacific track yard. The Houston resident said she first noticed a lump in her breast in 2016. When doctors removed the mass and found it was malignant. The cancer has expanded to her lymph nodes, lungs the liver, and esophagus.
The Houston mayor has requested the Biden administration to seek fines and orders for the cleanup of the Union Pacific site in his city. The site was used to store railroad ties made of wood treated with coal tar as well as other toxic chemical mixes until the 1980s. In a report released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas as well as rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are at risk of developing serious health problems, especially in the event that they are exposed chemicals on a daily basis. The Federal Employers Liability Act gives railway employees the right to seek compensation when their employer has violated the law. Chaffin Luhana is committed to helping victims receive the full compensation they are due.
Studies show that workers in the railroad industry are more likely to develop various types of cancer. No matter if the workers are in locomotives or working in yards, Railroad Cancer Lawsuit Settlements they are usually exposed to harmful chemicals. For instance research has revealed that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. Another chemical that has been linked to cancer in railroad workers is benzene, which is a component of many solvents and degreasers utilized 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 an employee of a railroad who contracted leukemia. The plaintiff worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for many years. He claimed that he was not required to wear protective equipment while installing railroad ties that were soaked in creosote. He also alleged that he was exposed degreasing solvents and lead. He was diagnosed with myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.