FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, current and former who are currently employed, the right of suing their employer if they develop cancer, or another chronic condition because of exposure to benzene fumes, diesel fumes, and other carcinogens. Call today for a free consultation with a knowledgeable railroad attorney today.
FELA Lawsuits
Railroads transport goods or services as well as people across the nation every day. It requires a huge number of railroad workers to run and manage these huge systems. Despite advancements in technology, the work of a railway worker is extremely dangerous. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.
Unlike workers' compensation, which is a no-fault program claimants under FELA must prove that their railroad employer was negligent in order to receive payment. This is typically accomplished by proving that the railroad violated a federal standard such as the Occupational Safety & 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 comparative fault criterion that allows individuals to claim damages even if they were the cause of their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to analyze the evidence in these cases. It is crucial to find a lawyer as soon as you can following your injury as the time limit for filing a FELA claims is limited. This allows us to gather statements as well as documents, records, and other evidence prior to it disappearing. Contact us to schedule one-on-one sessions with an attorney skilled in railroad litigation today.
Exposure to carcinogens
Railroad workers face the danger of contracting a range of illnesses as a result of exposure to toxic chemicals and toxins while working. Railroad workers are exposed for years to diesel fumes and welding fumes. They also are exposed to asbestos, lead silica, creosote and creosote. These chemicals can cause cancer and other diseases in railroad employees. When a former or current railroad worker develops a condition which is directly linked to the chemicals they were exposed to on the job, they may be eligible to start a FELA lawsuit.
Numerous studies have demonstrated that railroad workers be more susceptible to a high rate of cancer than workers 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 carcinomas of the neck and head.
Benzene is one of the most common carcinogens to which railroad workers are exposed. It is a colorless gas that has a sweet smell. It was banned over 20 year ago in the United States, but it remains in crude oil and diesel exhaust. It 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. Her lawsuit claims that the railroad and city affected her neighborhood with harmful chemicals from the railroad's train yard. union pacific railroad lawsuit lived a few blocks from the railyard and creosote-treatment site.
Cancer Symptoms
Railroad transportation is crucial to the American economy. Every year, America's railroads carry 30 million passengers and 1.6 billion tons of freight, which includes food and lumber crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed to a wide range of hazardous substances and a lot of them develop diseases like cancer as a result. A FELA injury lawyer could assist you in filing an action against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell cancer. It's a type of skin cancer. He says his exposure to sunlight radiation and creosote coated railroad ties from 1968 until 2009 led to the condition. He also claims that he was not provided with the right safety equipment to protect him from his workplace hazards.
LaTonya Paige, a third plaintiff, claims that her breast cancer was caused by 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 lump was discovered to be malignant when doctors removed it. The cancer has taken over 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 the city. The site was used for storage of railroad tie made from wood treated with coal tar as well as other toxic chemical mixtures until the 1980s. A study published in January by Texas health officials identified the area as a source of clusters of acute myeloid leukemia lung, bladder, colon and rectal cancers, and rheumatoid arthritis.
Other diseases may also have symptoms.
Railroad workers face many health risks, and this is especially true for those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer breaks the law. Chaffin Luhana is committed to ensuring that victims receive full amount of compensation they deserve.
Studies have revealed that workers in the railroad industry are more likely to develop different types of cancer. Workers are exposed to harmful chemicals whether they are working in locomotives or in yards. For example the study found that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. The chemical Benzene has been linked with cancer in railroad workers. It is found in a variety of solvents, degreasers and other products used by the railway industry. It is also a constituent of diesel exhaust, and is known to cause non-Hodgkin lymphoma in railroad 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 he was working without protective equipment while constructing railroad tieways that were soaked with creosote. He also claimed that he was exposed degreasing solvents and lead. He suffered from myelodysplastic syndrome (MDS) that eventually led to acute myeloid leukemia.
