FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, former and current employees, the right to sue their employer in the event that they develop cancer or another chronic disease as a result of exposure to benzene fumes, diesel fumes and other carcinogens. Contact us today for a no-cost consultation with a knowledgeable railroad lawyer.
FELA Lawsuits
Railroads transport goods as well as services and people across the nation every day. It takes a significant number of railroad employees to operate and manage these huge systems. Despite advances in technology the job of a railroad employee is extremely dangerous. The Federal Employers Liability Act was created to protect railroad workers injured.
Contrary to workers' compensation, which is a system of no-fault claims, the claimant must show that their railroad employer was negligent in order to receive compensation under FELA. This is usually achieved by proving that the railroad's conduct was in violation of an enforceable federal standard like the Occupational Safety and 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 or workers compensation cases. This is because of the pure comparative negligence criterion which permits people to claim damages regardless of whether their actions contributed to their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to investigate the evidence in these cases. Since the time frame for filing a FELA claim is very limited, it is important to hire an attorney early enough after your injury. This allows us to gather statements of documents, papers, and other evidence prior to it disappearing. Contact us today to arrange one-on-one meetings with an attorney experienced in railroad litigation today.
Exposure to Carcinogens
Railroad workers are at possibility of contracting a variety of ailments due to exposure toxic chemicals and toxins on the job. For decades, railroad workers have been exposed to diesel fumes and asbestos, lead silica, creosote and other. These chemicals can cause cancer and other diseases in railroad employees. If a former or present railroad employee suffers from an illness directly related to the chemicals that they were exposed to at work, they may qualify to bring a FELA suit.
Bladder cancer lawsuit have found railroad workers to be more likely to develop cancer than other occupations. The most frequent types of cancers that occur in railroad workers are throat, esophageal and lung cancers as well basal cell carcinomas that affect the neck and head.
One of the most prevalent carcinogens that railroad workers are exposed to is benzene. Non-Hodgkin's lymphoma lawsuit of benzene is sweet and is an odorless and colorless gas. It was banned over 20 year ago in the United States, but it is still found in diesel and crude oil exhaust. It is also a component of some degreasers and solvents. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew died of leukemia. Her lawsuit claims that the city and railroad affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived only a couple blocks away from the rail yard as well as the creosote treatment site.
The symptoms of Cancer
Railroad transportation is essential to the American economy. The railroads in America transport 30 million passengers per year, and 1.6 billion tonnes of freight. This includes lumber, food, crude grain, oil as in addition to vehicles chemical and metal ore. A FELA injury attorney can assist you in filing a claim against your employer.
Leukemia lawsuit claims that the company's negligence led to his basal cell carcinoma, a kind of skin cancer. Non-Hodgkin's lymphoma lawsuit claims that exposure to sun light and creosote coated railroad connections between 1968 and 2009 caused the condition. He also claims he did not have the proper safety equipment to protect himself from his 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 a lump on her breast in the year 2016. The lump was later found to be malignant when doctors removed it. The cancer has spread from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor contacted the Biden administration for fines and orders to clean up the Union Pacific site located in his city. The site was used for storage of railroad tie made from wood treated with coal tar and other harmful chemical mixtures up to the 1980s. In a study released by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers and rheumatoid arthritis.
The signs of other Diseases
Railroad workers are exposed to a variety of health risks, particularly those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act gives railway workers the right to seek compensation when their employer has violated the law. Chaffin Luhana is dedicated to ensuring that 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. If the workers are working in locomotives or working in yards, they are often exposed to harmful chemicals. For example research has revealed that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Benzene is another chemical that has been linked to cancer in railroad workers. It is present in a variety of solvents, degreasers and other products used by the railway industry. It is also a component of diesel exhaust, and is known to cause non-Hodgkin's lymphoma in railroad workers.
In September the month of September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff worked at Chicago and North Western Railroad and later Union Pacific Railroad Company for many years. He claimed that he did no wear protective equipment when putting in railroad ties soaked in creosote. He also alleged that he was exposed degreasing solvents as well as lead. He had myelodysplastic Syndrome (MDS) which eventually led to acute myeloid leukemia.