10 Things You Learned In Kindergarden That Will Help You Get Railroad Lawsuit Laryngeal Cancer
FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past railway workers, as well as retired workers the right to bring a lawsuit against their employer if they contract cancer or suffer from another chronic illness because of exposure to benzene (creosote), benzene carcinogens, and diesel fumes. Call today for a free consultation with a knowledgeable railroad lawyer.
FELA Lawsuits
Every day railroads transport people goods, and services across the country. It requires a huge number of railroad workers to operate and manage these huge systems. Despite advances in technology, the work of a railroad worker is still incredibly dangerous. The Federal Employers Liability Act was passed in order to protect railroad workers who are injured.
In contrast to workers' compensation, which is a no-fault insurance system, claimants under FELA must prove that their railroad's employer was negligent in order to receive a payment. This is usually achieved by proving that the railroad's conduct violated a federal standard such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases it is much easier to prove negligence than other personal injury cases. This is because of the pure comparative negligence criterion which allows individuals to seek compensation even if their own actions caused their injuries.
Shaw Cowart's attorneys have extensive experience with FELA claims and are able to look into the evidence in these cases. Because the time to file a FELA claim is limited and therefore, it is essential to find an attorney early enough after your injury. This allows us time to collect statements, documents, records and other evidence. Contact us to set up one-on-one sessions with an attorney who has experience in railroad litigation today.
Exposure to Carcinogens
Railroad workers are at risk of contracting a variety of diseases from exposure to toxic chemicals and toxins while on the job. Railroad workers are exposed for a long time to welding fumes and diesel fumes. They also are exposed to asbestos, lead silica, creosote and creosote. These chemicals can cause cancer or other diseases among railroad workers. If a former or present railroad employee develops an illness that is directly attributed to the chemicals they were exposed to on the job, they may be eligible to file an FELA lawsuit.
Numerous studies have revealed that railroad workers tend to be more susceptible to a high rate of cancer than those in other occupations. Some of the most prevalent types of cancers that occur among railroad workers are throat, esophageal, lung cancers, as well as basal cell carcinomas on the head and neck.
One of the most common carcinogens that railroad workers are exposed to is benzene. Benzene is a colorless gas that has a sweet smell. It was banned in the United States more than 20 years ago but is present in gasoline, crude oil and diesel exhaust. It is also a component in degreasers and solvents. Latonya Paige is suing BNSF, the City of Houston and Texas after her nephew passed away from leukemia. Her lawsuit claims the railroad and city polluted the neighborhood with toxic chemicals that came from the rail yard. Giles lived only a couple blocks away from the rail yard as well as the creosote treatment sites.
Symptoms of Cancer
Railroad transportation is vital to the American economy. The railroads in America transport 30 million people each year and 1.6 billion tonnes of freight. This includes food, lumber and crude grain, oil as well as vehicles, chemicals and metal ore. A FELA injury attorney 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, which is a skin cancer. He claims that exposure to sun light and creosote coated railroad ties between the years 1968 and 2009 caused the condition. He also complains that his workplace was not equipped with the proper safety equipment to shield himself from the hazards of his job.
LaTonya Paige, another plaintiff claims that her breast cancer was caused by her work at the Union Pacific rail yard. The Houston resident first noticed an abnormal lump in her breast in the year 2016. The lump was discovered to be malignant when doctors removed it. The cancer has expanded to her lymph nodes, lungs liver and esophagus.
The Houston mayor has requested the Biden administration to seek fines and orders for cleanup of the Union Pacific site in his city. The site was used to store wooden railroad tie treated with coal tar and other toxic chemical mixtures until the 1980s. A study released in January by Texas health officials identified the area as a source of clusters of acute myeloidleukemia, bladder, lung, colon and rectal cancers as well as rheumatoid arthritis.
Signs and symptoms of other Diseases
Railroad workers are at risk of serious health problems, particularly if they are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right of compensation if their employer is in violation of the law. Chaffin Luhana is committed to helping victims receive the full amount of compensation they deserve.
According to research, those working who work in the railroad industry are more prone to developing cancer. Workers are exposed to harmful chemicals, whether they are working in locomotives or in yards. bnsf lawsuit found that railroad workers exposed to diesel exhaust had a higher risk of developing lung cancer. Another chemical that has been linked to cancer in railroad workers is benzene, which is present in many solvents and degreasers used by railroad companies. It is also a component of diesel exhaust, and it is known to cause non-Hodgkin's lymphoma in rail workers.
In September the month of September, a jury voted $7.5 million to a railroad worker who developed leukemia. The plaintiff worked for Chicago and North Western Railroad and later Union Pacific Railroad Company for many years. He claimed he worked without protective equipment when putting in railroad ties that were soaked in creosote. He also claimed that he was exposed degreasing solvents, as well as lead. He was diagnosed with myelodysplastic Syndrome (MDS) which eventually led to acute myeloid leukemia.