Railroad Cancer Lawsuit Settlements - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) allows current, former and retired railroad workers the right to bring a lawsuit against their employer if they contract cancer or other chronic illnesses because of exposure to benzene, creosote and carcinogens like diesel fumes, and other. Contact us today to receive a free consultation with an experienced railroad lawyer.
FELA Lawsuits
Every day, railroads transport people, goods, and services across the country. It takes a large number of railroad workers to operate and manage these huge systems. The work of a railroad worker is extremely hazardous, despite technological advancements. This is why the Federal Employers Liability Act (FELA) was enacted to protect railroad workers who are injured.
Contrary to workers' compensation, which is a no-fault system, claimants must prove that their railroad employer was negligent to get a payment under FELA. Usually, this can be accomplished by proving that the railroad's conduct violated a federal norm, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is more straightforward to prove negligence than in other personal injury claims. This is due to the the concept of comparative fault, which allows workers to be awarded damages even if they contributed to their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and are able to examine the evidence in these cases. Since the time frame for filing a FELA claim is very limited It is essential to get an attorney on the case immediately following your injury. This allows us to gather statements of documents, papers, and other evidence prior to it disappearing. Contact us to set up individual consultation with an attorney who is 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 working. For many years, railroad workers have been exposed to welding fumes, diesel fumes, asbestos, lead silica, creosote and other. These chemicals can cause cancer or other diseases in railroad employees. If a former or present railroad employee has an illness directly related to the chemicals they were exposed to at work, they may qualify to make a FELA suit.
Many studies have shown that railroad workers suffer from a higher incidence of cancer than those working in other occupations. Some of the most common cancers that railroad workers suffer from include lung, esophageal, and throat cancers as well as basal-cell cancers of the head and neck.
One of the most common carcinogens railroad workers are exposed is benzene. The gas is colorless and that has a sweet odor. It was banned in the United States more than 20 years ago, yet it is present in crude oil, gasoline and diesel exhaust. It is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. Her lawsuit claims the railroad and city polluted the area with toxic chemicals from the rail yard of the railroad. Giles lived several blocks from the creosote-treatment facility and railyard.
Signs and 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 grain, oil as along with vehicles chemical, metal ore and. A FELA injury attorney could help you file a lawsuit against your employer.
For instance, a former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that exposure to sunlight and creosote-coated railroad ties from 1968 to 2009 caused the condition. He also claims he did not receive the necessary protection equipment to shield himself from workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work at an Union Pacific track yard. The Houston resident claims she first noticed an abnormal lump in her breast in the year 2016. The mass was later discovered to be malignant when doctors removed it. The cancer has expanded from her lymph nodes to her liver, lungs and esophagus.
The Houston mayor asked the Biden administration for fines and orders to clean up the Union Pacific site located in his city. The site was used to store railroad tie made of wood treated with coal tar as well as other toxic chemical mixes until the 1980s. In a study published 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.
Symptoms of Other Diseases
Railroad workers are at risk of developing serious health issues, especially those who are exposed to chemicals every day. The Federal Employers Liability Act allows railway employees to seek compensation when their employer violates the law. Chaffin Luhana is dedicated to ensuring these victims receive the full amount of the compensation they're entitled to.
Studies have revealed that workers in the railway industry are more likely to develop various types of cancer. Workers are exposed to harmful chemicals, whether they work inside locomotives or in yards. For example research has revealed that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. The chemical Benzene has been associated with cancer among railroad workers. It is found in a variety of solvents, degreasers and other products used in the railway industry. It is also a component of diesel exhaust and is known to cause non-Hodgkin's lymphoma in rail workers.
In September, a jury awarded $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for decades. He claimed that he did not wear protective equipment while installing railroad tieways that were immersed in creosote. He also claimed that he was exposed to degreasing solvents, as well as lead. He was suffering from myelodysplastic disorder (MDS) which eventually led to acute myeloid leukemia.