FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both former and current employees, the right to sue their employer if they suffer from cancer or any other chronic illness caused by exposure to benzene fumes diesel fumes and other carcinogens. Contact us today for a complimentary consultation with an experienced railroad lawyer.
FELA Lawsuits
Every day railroads transport people, products, and services across the country. These massive systems require a large number railroad workers to manage and operate. The job of a rail worker is extremely risky, despite technological advances. The Federal Employers Liability Act was passed in order to ensure that railroad workers are not injured.
Unlike workers' comp, which is a system that does not have fault plaintiffs must show that their railroad employer was negligent in order to get a payment under FELA. This is usually achieved by showing that the railroad's actions violated a federal standard such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is usually easier to prove in FELA lawsuits than in other types of personal injury claims or workers' comp cases. This is because of the strict comparative negligence criterion which permits plaintiffs to seek damages even if their own actions contributed to their injuries.
Shaw Cowart's attorneys have extensive experience in FELA claims and know how to look into evidence in these cases. It is important to hire an attorney as soon as you can following your injury since the deadline for filing a FELA claim is a short time. This allows us to gather statements as well as documents, records, and other evidence before it disappears. Contact us today to arrange a one-on-one consultation with an attorney who is experienced in railroad litigation today.
Exposure to carcinogens
Railroad workers are at danger of contracting a range of illnesses as a result of exposure to toxic chemicals and toxins while on the job. Railroad employees have been exposed for years to welding fumes and diesel fumes. They also are exposed to lead, asbestos creosote and silica as well as creosote and creosote. These chemicals can cause cancer and other diseases in railroad employees. If a current or former railroad worker develops a condition that is directly attributed to the chemicals they were exposed to during their work they could be able to file a FELA lawsuit.
Many studies have shown railroad workers to be more susceptible to developing cancer than other jobs. The most frequent cancers among railroad employees include lung, esophageal, as well as throat cancers, as well as basal-cell carcinomas of the neck and head.
Benzene is among the most prevalent carcinogens to which railroad workers are exposed. Benzene is a colorless gas with a pleasant odor. It was banned over 20 year ago in the United States, but it is still present in diesel and crude oil exhaust. It is also an ingredient in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. The lawsuit alleges that the city and railroad contaminated the area with toxic chemicals that came from the railroad's rail yard. Giles lived just a few blocks from the rail yard and creosote treatment site.
Signs and symptoms of Cancer
Railroad transportation is vital to the American economy. Each year, America's railways transport 30 million people and 1.6 billion tons of freight, which includes food, lumber crude oil, grain, automobiles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed variety of dangerous substances and are prone to developing diseases such as cancer as a result. A FELA injury attorney could assist you in filing a claim against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, a type of skin cancer. He claims that 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 at an Union Pacific track yard. wasatch railroad contractors lawsuit said she first noticed a lump in her breast in the year 2016. The lump was discovered to be malignant after doctors removed it. The cancer has taken over her lymph nodes, lungs, the esophagus and liver.
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 to store wooden railroad tie treated with coal tar and other poisonous chemical mixtures up to the 1980s. In a study that was released 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.
Other diseases may also have symptoms.
Railroad workers are at risk of numerous health risks, and this is especially true for those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer violates the law. Chaffin Luhana is dedicated to helping victims receive the full amount of compensation they deserve.
Studies show that workers in the railway industry are more likely to develop types of cancer. Workers are exposed to harmful chemicals whether they work inside locomotives or in yards. A study found that railroad workers exposed to diesel exhaust had a higher risk of lung cancer. Another chemical that has been linked to cancer among railroad workers is benzene, which is present in many solvents and degreasers utilized by railroad companies. It is also a component in diesel exhaust, and is known to cause non-Hodgkin lymphoma among railroad workers.
In September the month of September, a jury awarded $7.5 million to a railroad worker who developed leukemia. The plaintiff worked for Chicago and North Western Railroad and later for Union Pacific Railroad Company, for decades. He claimed that he was not required to wear protective equipment while installing railroad ties soaked with creosote. He also claimed that he was exposed to degreasing solvents as well as lead. He was suffering from myelodysplastic disorder (MDS) that eventually led to acute myeloid leukemia.