FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both current and former, the right to sue their employer in the event that they develop cancer, or another chronic illness caused by exposure to benzene fumes diesel fumes, or 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 across the nation. It requires a lot of railroad workers to run and manage these massive systems. The job of a rail worker is extremely dangerous, despite technological advances. That's why the Federal Employers Liability Act (FELA) was passed to protect railroad workers who are injured.
Contrary to workers' compensation which is a no-fault insurance system and no-fault, claimants must prove their railroad employer was negligent to receive payment under FELA. This is typically done by showing that the railroad's conduct violated the federal standard, such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases it is more straightforward to prove negligence than in other personal injury claims. This is due to the pure comparative negligence criterion which permits workers to recover damages even if their own actions contributed to their injuries.
Shaw Cowart's lawyers have extensive experience with FELA claims, and they know how to investigate evidence in these cases. It is essential to retain an attorney as quickly as you can after your injury as the deadline for filing an FELA claims is limited. This will allow us to collect statements, documents, records and other evidence before it disappears. Contact us today to arrange one-on-one meetings with an attorney who is experienced in railroad litigation today.
Exposure to Carcinogens
Railroad workers are at risk of contracting various diseases due to exposure to toxic chemicals. For many years, railroad workers have been exposed to diesel fumes, welding fumes,, asbestos silica, creosote, and asbestos. These chemicals can cause cancer or other illnesses among railroad employees. If a former or present railroad employee suffers from an illness directly related to the chemicals they were exposed to while at work They may be able to bring an FELA suit.
Numerous studies have demonstrated that railroad workers suffer from a higher incidence of cancer than those working in other occupations. The most frequent cancers among railroad employees include lung, esophageal, as well as throat cancers, aswell as basal-cell cancers of the head and neck.
Benzene is among the most prevalent carcinogens to which railroad workers are exposed. It has a pleasant smell and is a colorless, odorless gas. It was banned more than 20 year ago in the United States, but it is still found in diesel and crude oil exhaust. It is also an ingredient in degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas, after her nephew died from leukemia. Her lawsuit claims that the railroad and the city contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived only a couple blocks from the rail yard and creosote treatment sites.
Cancer symptoms
Railroad transportation is vital to the American economy. Every year, America's railroads transport 30 million people and 1.6 billion tons of freight, including food, lumber, crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed to a wide range of hazardous materials, and many develop illnesses such as cancer as the result. railroad lawsuit can help you file a suit 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 his exposure to sunlight and creosote coated railroad ties between the years 1968 and 2009 caused the condition. He also claims that he did not have the proper safety equipment to protect himself from workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on an Union Pacific track yard. The Houston resident first noticed the lump in her breast in 2016. The mass was later discovered to be malignant after doctors removed it. The cancer has expanded from her lymph nodes to her liver, lungs, and esophagus.
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 railroad tie made of wood treated with coal tar and other harmful chemical mixtures until the 1980s. In a study that was released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas as well as rheumatoid arthritis.
Signs and symptoms of other Diseases
Railroad workers are at risk of serious health issues, particularly those who are exposed to chemicals every day. The Federal Employers Liability Act gives railway workers the right to seek compensation if their employer is in violation of the law. Chaffin Luhana is dedicated to ensuring that these victims receive the maximum amount of compensation they are entitled to.
Studies have revealed that workers in the railroad industry are more likely to develop forms of cancer. Workers are exposed to harmful chemicals, whether they work in locomotives or in yards. For example research has revealed that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. Another chemical that has been linked to cancer in railroad workers is benzene which is found in many solvents and degreasers employed by rail companies. It is also present in diesel exhaust, and is believed to cause non Hodgkin lymphoma among rail workers.
In September an indictment, a jury decided to award $7.5 million to a railroad employee who developed leukemia. The plaintiff worked for Chicago and North Western Railroad and later Union Pacific Railroad Company for many years. He claimed he was working without protective equipment when putting in railroad tieways that were soaked with creosote. He also claimed that he was exposed to degreasing solvents as well as lead. He was diagnosed with myelodysplastic syndrome (MDS), which eventually progressed into acute myeloid Leukemia.