FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, previous and retired railroad employees the right to file a lawsuit against their employer if they contract cancer or a chronic illness because of exposure to benzene, creosote, carcinogens like diesel fumes, and other. Contact us today to receive a free consultation with an experienced railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and even people across the country each day. These massive infrastructures require a huge number of railroad workers to manage and operate. The work of a railroad worker is extremely dangerous despite technological advancements. The Federal Employers Liability Act was created to protect railroad workers injured.
In contrast to workers' compensation that is a no-fault system and no-fault, claimants must prove their railroad employer was negligent in order to get a payment under FELA. Generally, this is done by proving that the railroad violated some federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than other personal injury claims. This is because of the standard of comparative negligence which permits plaintiffs to seek damages regardless of whether their actions contributed to their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and are able to examine the evidence in these cases. Since the time for filing a FELA claim is very limited and therefore, it is essential to hire an attorney early enough after your injury. This gives us time to collect documents, statements, and other evidence. Contact us to schedule individual consultation with an attorney who is experienced in railroad litigation today.
Exposure to Carcinogens
Railroad workers face the possibility of contracting a variety of illnesses as a result of exposure to toxic chemicals and toxins while working. Railroad employees have been exposed for years to diesel fumes, welding fumes, and welding fumes. They also are exposed to asbestos, lead silica, creosote, and creosote. These chemicals can cause cancer and other illnesses among railroad employees. If a former or present railroad worker develops a condition that is directly attributable to the chemicals they were exposed to while working or at home, they could be eligible to start an FELA lawsuit.
Numerous studies have found railroad workers to be more likely to develop cancer than other professions. Some of the most prevalent kinds of cancers found in railroad workers are throat, esophageal, and lung cancers as well as basal cell carcinomas of the head and neck.
Benzene is one of the most prevalent carcinogens to which railroad workers are exposed. Leukemia lawsuit is a non-colorless gas that has a sweet smell. It was banned in the United States more than 20 years ago but is still present in gasoline, crude oil and diesel exhaust. It is also a component of certain solvents and degreasers. cancer lawsuit is suing BNSF and the City of Houston and Texas following the death of her nephew from leukemia. The suit claims that the railroad and the city contaminated the area with toxic chemicals from the railroad's rail yard. Giles lived just a few blocks from the rail yard and creosote treatment sites.
Cancer Symptoms
Railroad transportation is crucial to the American economy. Each year, America's railroads carry 30 million passengers 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 to a wide range of hazardous materials, and many develop illnesses like cancer as a result. A FELA injury lawyer could assist you in filing a lawsuit 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 infused railroad tracks between 1968 and 2009 caused the condition. He also claims that he was not provided with the appropriate safety equipment to shield him from workplace hazards.
LaTonya Paige, another plaintiff who claims that her breast cancer was triggered by her job at a Union Pacific rail yard. The Houston resident claims she first noticed an area of breast cancer in 2016. The mass was later discovered to be malignant after 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 the cleanup of a Union Pacific site in his city. The site was used up to the 1980s to store railroad ties made of wood which were treated with creosote chemical mix of coal tar and other harmful chemicals. A study published in January by Texas health officials linked the area to clusters of acute myeloidleukemia, lung, bladder, colon and rectal cancers, and rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are at risk of serious health problems, especially if they are exposed to chemicals every day. The Federal Employers Liability Act gives railway employees the right to seek compensation when their employer has violated the law. Chaffin Luhana is dedicated to helping victims receive the full compensation they deserve.
According to research, workers in the railway industry are more prone to developing cancer. When workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. A study found that railroad workers exposed to diesel exhaust had a higher chance of developing lung cancer. Another chemical, Benzene, has been linked to cancer in railroad workers. It is found in a variety of solvents, degreasers and other products used in the rail industry. It is also a component in diesel exhaust, and is known to cause non-Hodgkin's lymphoma in rail workers.
In September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed he was working without protective equipment when putting in railroad ties that were soaked in creosote. He also alleged that he was exposed degreasing solvents as well as lead. cancer lawsuit was diagnosed with myelodysplastic syndrome (MDS) that eventually led to acute myeloid leukemia.