14 Questions You Shouldn't Be Anxious To Ask Railroad Lawsuit Esophageal Cancer
A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to substances and chemicals that can cause cancer, such as asbestos and benzene. If you think that exposure to these chemicals during work caused your cancer, you could be entitled compensation.
The FELA law allows railroad employees to sue their employers for negligence. For more details, talk to an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas can cause cancer if exposed to for a prolonged period. It is naturally produced in the environment, and also by gas emissions and tobacco smoke. The human body may also absorb benzene through the skin. Railroad workers who have suffered from cancer as a result of exposure to benzene might be eligible to file a claim against their employer for compensation.
In one case a railroad worker who died widow was awarded damages of $1,500,000 from the company which employed him. Her husband was pumpman on several tankers in the 1970s and 1980s, and was exposed to benzene. After he died from acute myeloidleukemia, in the year 1995 his wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloidleukemia is an aggressive cancer that could be fatal in one or two months if treated promptly. The majority of the time, it is treated by chemotherapy. However, in some cases, targeted therapy and radiation can be utilized.
We obtained defense verdicts in 2 cases where plaintiffs claimed brain injuries due to exposure to solvents during their 23-year career on the railroad. The defense presented expert evidence on medical causation, as well as industrial hygiene and the jury ruled that the railroad's work environment was fairly safe.
Creosote Exposure
Coal tar creosote is a mixture of hundreds of chemicals that are used to preserve wood, including railroad ties. It contains a variety of carcinogens which are well-known such as polycyclic aromatic hydrocarbons (PAHs). Creosote's PAHs are taken up through the skin, and can be inhaled through drinking water that is contaminated with the chemical. PAHs can be absorbed into lungs, where they could cause lung cancer.
Creosote-inhalation exposure can cause a range of symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and second degree burns to the skin. Coal tar creosote contains numerous PAH compounds, including naphthalene, acenaphthene as well as fluorene and phenanthrene each of which is carcinogenic.
Creosote exposure can affect the health of family members and employees as well. Certain workers have developed papular basis cell carcinomas (common occupational skin cancers) which can be spread to other parts of the body. Some have also suffered from chronic esophageal ulcers, bronchitis and fibrosis of the liver and lungs.
In many cases, the railroad industry isn't able communicate effectively with employees on the dangers of long term exposure to toxic substances. For instance, it's not uncommon for railroad employees to leave diesel-powered locomotives, forklifts and cranes in operation during their work. Diesel exhaust from these engines could be inhaled and eaten. 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 as a result of exposure to toxic chemicals like creosote and benzene could be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) for monetary damages.
Many health issues resulting from exposure to carcinogenic substances in the workplace like diesel fumes asbestos and silica are not likely to develop until a worker is older. Thus the statute of limitation in the majority of cases is only for three years from the time the person is first diagnosed with the disease. Therefore, it is crucial that victims get in touch with an attorney for railroad accidents immediately after being diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended an action brought against our client by a former railway worker who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA for not providing employees with the appropriate safety equipment and education.
The jury gave the plaintiff damages of $7.5 million after determining that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed to various harmful chemicals such as benzene, creosote and degreasing solvents during his time working for the company.
FELA
Former railroad employees who are diagnosed with cancer as a result of exposure to toxic substances at work might be eligible to claim compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide medical expenses and loss of wages to the victim, FELA is a statute based on fault that requires proof that the railroad employer is not protecting their employees from the dangers that come with exposure to chemicals.
Railroad companies often fight FELA lawsuits that concern occupational diseases. Defense lawyers usually argue that the ill former employee is unable to pinpoint specific instances of unhealthy exposures. They also point out the lack of official test results indicating the presence of toxins or carcinogens in equipment or components manufactured and used by the railway company.
A successful FELA claim is the compensation for future and past physical suffering and pain in addition to loss of enjoyment life, psychological distress, and other related damages. If the victim is killed as a result then the family can bring a wrongful-death lawsuit to seek the compensation.
We work with FELA attorneys to assist injured railroad employees obtain the financial assistance they require. Contact class action lawsuit against norfolk southern railroad for a no-cost consultation. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver among others.