FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, present and former, the right to sue their employer if they suffer from cancer or another chronic disease, due to exposure to benzene fumes diesel fumes, or other carcinogens. Call today to schedule a consultation with an experienced railroad attorney today.
FELA Lawsuits
Railroads transport goods as well as services and people throughout the country every day. It takes a significant number of railroad workers to run and manage these huge systems. The job of a railway worker is extremely risky, despite technological advances. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.
Unlike workers' comp that is a system that does not have fault plaintiffs must show that their railroad employer was negligent in order to be eligible for payment under FELA. This is usually achieved by proving that the railroad violated any federal law, like 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 other personal injury cases. This is due to the pure comparative fault criterion which allows individuals to claim damages regardless of whether they caused their injuries.
Shaw Cowart's lawyers have extensive experience with FELA claims and are able to examine the evidence in these cases. It is essential to retain a lawyer as soon as you can following your injury, as the time frame for filing an FELA claims is short. This gives us time to collect statements, documents, records, and other evidence. Contact us today to set up a an appointment with a railroad litigation attorney.
Exposure to Carcinogens
Railroad workers are at risk of contracting various illnesses as a result of exposure to toxic chemicals. For a long time, railway workers have been exposed to diesel fumes, welding fumes, asbestos, lead, silica and creosote. This is why these chemicals can cause cancer as well as other illnesses in railroad employees. If a former or present railroad employee suffers from an illness that is directly linked to the chemicals they were exposed to at work They may be able to bring an FELA suit.
Numerous studies have revealed railroad workers to be more likely to develop cancer than other occupations. The most frequent cancers for railroad workers are lung, esophageal, and throat cancers as well as basal-cell cancers of the head and neck.
mesothelioma lung cancer lawsuit is among the most common carcinogens to which railroad workers are exposed. It has a sweet scent and is an odorless, colorless gas. 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 of some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. Her lawsuit claims the railroad and city contaminated the area with toxic chemicals from the railroad's rail yard. Giles lived only a couple blocks away from the rail yard and creosote treatment site.
Symptoms of Cancer
Railroad transportation is vital to the American economy. Each year, America's railroads transport 30 million passengers and 1.6 billion tons of freight, which includes food, lumber, crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed to a wide range of dangerous materials and suffer from illnesses such as cancer as the result. A FELA injury lawyer can assist you in filing a claim against your employer.
For example, one former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that his exposure to sunlight and creosote-coated railroad connections between 1968 and 2009 caused the condition. He also claims that the equipment he was provided with was not the appropriate safety equipment to protect him from his workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on an Union Pacific track yard. The Houston resident claims she first noticed an abnormal lump in her breast in the year 2016. The lump was later found to be malignant after doctors removed it. The cancer has expanded 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 poisonous chemical compounds until the 1980s. In a study that was released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers and rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are at risk of numerous 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 employees to seek compensation when their employer violates the law. Chaffin Luhana is committed to helping these victims receive the full amount of compensation they are entitled to.
According to studies, people in the railway industry are more likely to develop cancer. Workers are exposed to harmful chemicals whether they are working inside locomotives or in yards. A study revealed that railroad workers exposed to diesel exhaust had a higher chance of developing 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 in rail workers.
In September an indictment, a jury decided to award $7.5 million to a railroad employee who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for a long time. He claimed he worked without protection equipment when he was installing railroad tieways that were immersed in creosote. He also claimed that he had been exposed to lead and degreasing agents. He suffered from myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.