FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, old and new and former 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 no-cost consultation with an experienced railroad lawyer.
FELA Lawsuits
Every day, railroads transport people, goods and services throughout the country. These huge systems require an enormous number of railroad workers to operate and manage. Despite advances in technology, the work of a railway worker is still incredibly dangerous. The Federal Employers Liability Act was put in place to protect railroad workers injured.
Unlike workers' comp, which is a system that does not have fault claims, the claimant must show that their railroad employer was negligent to get a payment under FELA. This is usually accomplished by proving that the railroad's actions violated a federal standard such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases, it is easier to prove negligence than other personal injury claims. This is due to the the concept of comparative fault, which allows plaintiffs to claim damages regardless of the fact that they contributed to their injuries.
Shaw Cowart's attorneys have a wealth of experience with FELA claims and know how to look into the evidence in these cases. Because the time to file a FELA claim is very limited, it is important to hire an attorney as soon as you can after your injury. This will allow us to collect statements of documents, papers, and other evidence before it disappears. Contact us today for a an appointment with a railroad litigation attorney.
Exposure to Carcinogens
Railroad workers are at risk of contracting various diseases as a result of exposure toxic chemicals. Railroad workers have been exposed for a long time to diesel fumes and welding fumes. They also are exposed to asbestos, lead, creosote, silica, and creosote. These chemicals can cause cancer and other ailments among railroad employees. If a past or current railroad employee suffers from an illness directly related to the chemicals they were exposed to during their work They may be able to bring a FELA suit.
Many studies have shown that railroad workers tend to suffer from a higher rate of cancer than those working in other jobs. Some of the most common types of cancers that occur in railroad workers include lung, esophageal and throat cancers, as well as basal cell carcinomas on the head and neck.
Benzene is one of the most frequently used carcinogens which railroad workers are exposed. The gas is colorless and with a pleasant odor. It was banned more than 20 year ago in the United States, but it can still be found in diesel and crude oil exhaust. It is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. The lawsuit alleges that the railroad and city polluted the neighborhood with toxic chemicals that came from the railroad's rail yard. Giles lived just a few blocks away from the rail yard and creosote treatment sites.
Cancer symptoms
Railroad transportation is critical to the American economy. Every year, America's railroads transport 30 million passengers and 1.6 billion tons of freight, including food lumber, crude oil, grain, vehicles, chemicals, crushed stone and metal ore. Railroad workers are exposed range of hazardous materials and a lot of them develop illnesses like cancer as a result. A FELA injury lawyer could assist you in filing an action against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, a kind of skin cancer. He claims that his exposure to sunlight and creosote coated railroad tracks between 1968 and 2009 caused the condition. He also complains that his workplace was not equipped with the proper safety equipment to shield him from his workplace hazards.
LaTonya Paige, a third plaintiff, claims that her breast cancer was caused by her work at an Union Pacific rail yard. The Houston resident claims she first noticed a lump in her breast in the year 2016. When doctors removed the lump and found it was malignant. The cancer has expanded to her lymph nodes, lungs liver and esophagus.
The Houston mayor has asked the Biden administration to seek fines and orders for cleanup of the Union Pacific site in his city. The site was used up to the 1980s to store wooden railroad ties which were treated with creosote, chemical mix of coal tar as well as other toxic chemicals. In a study published by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas and rheumatoid joint.
railroad cancer lawsuit of other Diseases
Railroad workers are exposed to a variety of health risks, particularly those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right of the right to compensation if their employer violates the law. Chaffin Luhana is dedicated to helping victims receive the full amount of compensation they deserve.
According to studies, people in the railroad industry are more susceptible to developing 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 greater risk of lung cancer. Another chemical that has been linked to cancer among railroad workers is benzene, which is found in many degreasers and solvents used by railroad companies. It is also a constituent of diesel exhaust and is known to cause non-Hodgkin's lymphoma in rail workers.
In September an indictment, a jury decided to award $7.5 million to a railroad worker who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and then 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 and lead. He was diagnosed with myelodysplastic Disorder (MDS) which later led to acute myeloid leukemia.