FELA and Railroad Lawsuits
Railroad workers who are exposed to toxic chemicals such as diesel exhaust benzene, coal fumes or asbestos are at risk of developing a serious illness, including cancer. A successful FELA lawsuit can award damages to compensate for medical expenses, lost income and pain and suffering.
A railroad worker who developed leukemia has been awarded $7.5 million from Union Pacific. This is just one illustration of how the justice system stands up for victims.
Benzene
Railroad workers are frequently exposed to dangerous substances and chemical solvents, such as benzene. It is a highly evaporated liquid that can be absorbed through the skin or inhaled. It has been linked with a variety of medical illnesses, including cancer, blood cancers such as leukemia and lymphoma as well as bone marrow disease. It is also a substance that causes cancer and a component of coal tar creosote that is used to protect railroad ties from heat, sunlight and rain.
A former rail worker claimed that his exposure to benzene while working with coal-tar creosote in order to create railroad ties, led to Myelodysplastic Syndrome. This progressed to Acute Myeloid leukemia. A jury gave him $7.5 million in September.
If you have been diagnosed as having cancer or other chronic illnesses due to exposure to radioactive substances benzene asbestos as well as other hazardous chemicals, have the right to claim compensation under FELA. Depending on the kind of cancer or illness, the statute of limitations could differ, so it is essential to consult a seasoned lawyer as quickly as you can.
Shaw Cowart's railroad lawyers can assist you in determining whether your case is a candidate for an FELA lawsuit. We offer free consultations and we are familiar with FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who were diagnosed with lung cancer or other illnesses due to asbestos exposure. They worked in areas like repair shops, engine rooms and yards, as well as on track equipment or rail cars that contained asbestos insulation. This type of asbestos could be particularly hazardous, since when it gets degraded, tiny fibres are released into the air. The fibers can be breathed in by workers on railroads and cause mesothelioma and other asbestos-related diseases like lung cancer, asbestosis, pleural plaque and fibrosis.
Railroad workers are at the risk of developing lung cancer from diesel exhaust, silicasand and welding fumes. These fumes and particles can damage the lungs, kidneys and gastrointestinal tract as well as blood cells. These injuries can be detected several years after exposure and can result in a variety serious and debilitating ailments.
The recent case against Conrail exposes the risks associated with this kind of work. The Appeals Court upheld a jury award of $2.3 million to Conrail, a railroad company, for an ex-railway worker who died from mesothelioma. Non-Hodgkin's lymphoma lawsuit awarded damages to cover suffering and pain and companionship loss, as well as future medical expenses and other losses. This case highlights the importance of working with a seasoned attorney who is able to quickly assess whether an FELA claim is warranted.
Radioactive Substances
Railroad workers who have been exposed to radioactive substances are at risk for developing certain types of cancers and other serious diseases. These substances are typically hidden in the materials used by railroads to clean tracks and other rail yards. They can be difficult to identify unless the railroad company is actively checking them for alpha and gamma radiation. If a railroad worker is diagnosed with cancer or another illness that is the result of exposure to carcinogenic substances on the job, they may submit an FELA claim and receive compensation from their former employer.
Research has revealed that workers in the railroad industry are more likely to develop different types of cancers than other people. They are constantly exposed chemicals that can cause lung cancer. This includes asbestos and the mineral sand (silica) welding fumes or diesel fumes.
Railroad workers who have been diagnosed with cancer as a consequence of exposure to the workplace should speak to a lawyer for railroads as quickly as possible. They can assist them in determining if there is a claim against the former employer and make the appropriate lawsuits in accordance with FELA. Leukemia lawsuit can include reimbursement for medical expenses, income loss, and pain and discomfort. Additionally, they may pay for the loss of a loved ones in a wrongful death case. A railroad attorney with experience can assist victims in obtaining the maximum amount of the damages they are entitled to under FELA.
FELA
Conductors, engineers and train crew members work in hazardous situations where they may damage their lungs, without even realizing it. If a former railroad worker has developed an illness like lung cancer or another condition that could be related to their work and work, they could be eligible to claim compensation under the Federal Employers Liability Act (FELA).
As opposed to workers' compensation claims, FELA allows injured railroad employees and families of deceased employees to file lawsuits for damages that include future and past medical expenses and emotional suffering. A lawyer familiar with the rules under FELA can explain your options for filing.
In order to win a FELA lawsuit, you'll need to prove that the employer acted in a negligent manner. Negligence could include breaking a law or rule, failing to meet an acceptable standard of care, and more. A FELA lawyer can review your case and determine whether railroad negligence was the cause of your condition.
There are a variety of lung diseases and illnesses can be linked to railroad exposures. If you were exposed during your career as a railroad worker to diesel exhaust or other toxins such as creosote, asbestos, or creosote, a mesothelioma lawyer will help you file an application for compensation under the FELA. Non-Hodgkin's lymphoma lawsuit has handled FELA cases in the past and have resulted in various verdicts and settlements.