A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to substances and chemicals that can cause cancer, like asbestos and benzene. If you believe that exposure to these substances while working caused your cancer, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a specialist railroad lawsuit acute myeloidleukemia lawyer for more details.
Benzene Exposure
Benzene is a colorless and poisonous gas that can cause cancer in people who are exposed to it for long durations. It is created in the environment and also by gas emissions and tobacco smoke. The skin can also absorb benzene. Railroad workers who developed cancer as a result of exposure to benzene might be able to receive monetary compensation from their employer.
In one instance, the widow of a railroad worker who died was awarded $1,000,000 by the company which employed her husband. Her husband was a pump man on various tankers in the 1970s and 80s, and was often exposed to benzene. After his death from acute myeloid leukemia in 1995 his wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid leukemia can be an aggressive cancer that could be fatal within one or two months if treated promptly. It is usually treated with chemotherapy, however in some cases radiation and targeted therapy can be employed.
We secured defense verdicts in two cases, where plaintiffs claimed brain injuries due to exposure to solvents during their 23-year railroad career. The defense provided expert testimony by a medical expert regarding causation, industrial hygiene, and the jury concluded that the railroad workplace was relatively safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals used to protect wood, including railroad ties. It is made up of a variety of known carcinogens that include polycyclic aromatic hydrocarbons (PAHs). The PAHs found in creosote are taken up through the surface of the skin or ingested by drinking water that is affected by this chemical. PAHs are also absorbed through the lungs, where they could cause lung cancer.
Creosote inhalation can cause a range of symptoms like respiratory irritation, eye problems, and nausea and vomiting. It can also cause skin burns of the second and third degree. The coal tar creosote chemical is made up of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds, such as Acenaphthene.
Creosote exposure could affect the health of workers and their families. Some workers have developed papular basal cell carcinomas (common occupational skin cancers) which may spread to different parts of the body. Others have suffered from chronic lung disease and liver fibrosis, esophageal and esophageal, and chronic bronchitis.
In many cases, the railroad industry fails to communicate adequately with employees about the dangers of long-term exposure to toxic substances. For instance, it is not uncommon for railroad workers to leave diesel-powered engines, forklifts and cranes in operation during their work. These engines generate large amounts of diesel exhaust that can be ingested or inhaled through the lung. They also soak rags in benzene containing solvents to clean machines and tools.
Workers' Compensation
Railroad workers who are diagnosed with cancer or another chronic illness because of exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for their medical expenses and other losses. A New York railroad cancer attorney could help workers pursue claims for damages monetary under the Federal Employers Liability Act, or FELA.
Many of the ailments that result from exposure to carcinogenic substances like diesel fumes, asbestos and silica are not likely to manifest themselves until a worker is older. Therefore, the statute of limitations in most cases only runs for three years from the time someone is first diagnosed with the illness. This is the reason it is crucial that potential victims get in touch with an experienced attorney for railroad accidents as soon as possible after being diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway worker who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the firm was in violation of FELA for not providing their employees with the proper safety equipment and education.
The jury gave the plaintiff $7.5 million in damages after finding that his cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals like creosote, benzene and other degreasing agents.
FELA
Former railroad workers who are diagnosed with cancer resulting from toxic exposures at work may be qualified to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that provide medical expenses and lost wages to the victims, FELA is a statute based on fault that requires proof that the railroad employer is not adequately protecting its workers from the dangers that come with chemical exposures.
Railroad corporations often fight FELA claims for occupational diseases. Defense attorneys often claim that the former employee is unable to pinpoint particular instances of ailment. lawsuits against union pacific railroad to the lack of official test results that indicate the presence of toxic substances or carcinogens in the equipment or parts used by the railway company.
If you win a FELA claim and a successful FELA claim, the family members of the victim can be compensated for past and future suffering and pain, loss in enjoyment of life, mental distress, and other damages. If the victim dies due to their injuries and/or injuries, a wrongful demise claim may be pursued to obtain the compensation of the deceased's family members.
We collaborate with FELA attorneys to help railroad employees injured get the financial help they require. Contact us for an evaluation of your case for free. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.