FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both current and former employees, the right to sue their employer if they develop cancer, or another chronic disease, due to exposure to benzene fumes diesel fumes, or other carcinogens. Contact us today for a no-cost consultation from an experienced railroad lawyer.
FELA Lawsuits
Every day railroads transport people, products, and services across the country. It requires a huge number of railroad workers in order to operate and manage these massive systems. The job of a railway worker is extremely dangerous, despite technological advances. The Federal Employers Liability Act was passed in order to ensure that railroad workers are not injured.
In contrast to workers' compensation which is a no-fault program, claimants under FELA must prove that their railroad's employer was negligent to receive compensation. Usually, this can be accomplished by proving that the railroad violated some federal standard, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases, it is easier to prove negligence than in other personal injury cases. This is because of the pure comparative negligence criterion which allows individuals to seek compensation regardless of whether their actions contributed to their injuries.
Shaw Cowart's attorneys have a wealth of experience with FELA claims and know how to evaluate the evidence in these cases. It is crucial to find an attorney as early as possible after your injury because the deadline for filing an FELA claims is short. This gives us time to gather statements, documents, records, and other evidence. Contact us to set up individual consultation with an attorney skilled in railroad litigation today.
Exposure to carcinogens
Railroad workers face the danger of contracting a range of illnesses due to exposure to toxic chemicals and toxins working. Railroad employees have been exposed for decades to welding fumes and diesel fumes. They are also exposed to asbestos, lead creosote and silica as well as creosote and creosote. These chemicals can cause cancer or other diseases among railroad workers. If a current or former railroad worker develops a condition that is directly attributable to the chemicals they were exposed to while working, they may be eligible to bring an FELA lawsuit.
Numerous studies have revealed railroad workers to be more likely to develop cancer than other professions. Some of the most common types of cancers that occur in railroad workers include throat, esophageal, and lung cancers as well basal cell carcinomas on the head and neck.
One of the most prevalent carcinogens railroad workers are exposed to is benzene. The gas is colorless and that has a sweet odor. It was banned over 20 years ago in the United States, but it can still be found in diesel and crude oil exhaust. It is also a component of some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas, after her nephew died from leukemia. The lawsuit claims that the railroad and the city affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived just a few blocks away from the rail yard and creosote treatment sites.
Symptoms of Cancer
Railroad transportation is crucial to the American economy. The railroads in America transport 30 million passengers per year and 1.6 billion tonnes of freight. This includes food, lumber and crude oil, grain as well as cars chemical, metal ore and. A FELA injury attorney can assist you in filing a lawsuit against your employer.
For instance, a former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, a skin cancer. He says his exposure to sunlight radiation and creosote coated railroad ties from 1968 to 2009 contributed to the condition. He also claims he did not receive the safety equipment to protect himself from the dangers of work.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on an Union Pacific track yard. wasatch railroad contractors lawsuit noticed an area of breast cancer in 2016. The lump was discovered to be malignant when doctors removed it. The cancer has taken over her lymph nodes, lungs the esophagus and liver.
The Houston mayor contacted the Biden administration for fines and orders to clean up a Union Pacific site located in the city. The site was used from the 1980s to store railroad ties made of wood that were treated with creosote chemical mix of coal tar and other poisonous chemicals. A study published in January by Texas health officials found that the area was associated with clusters of acute myeloid leukemia bladder, lung, colon and rectal cancers, as well as rheumatoid arthritis.
Symptoms of other diseases
Railroad workers are exposed to a variety of health risks, especially those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act gives railway workers the right to seek the right to compensation if their employer violates the law. Chaffin Luhana is dedicated to ensuring that victims receive the maximum amount of the compensation they're entitled to.
Research has shown that those working in the railroad industry are more likely to develop various types of cancer. Workers are exposed to harmful chemicals whether they work inside locomotives or in yards. For instance the study found that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical that has been associated with cancer in railroad workers is benzene which is present in many solvents and degreasers utilized by rail companies. It is also a constituent of diesel exhaust and is believed to cause non-Hodgkin lymphoma in rail workers.
In September the month of September, a jury voted $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff worked at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed that he did no wear protective equipment when putting in railroad ties that were soaked in creosote. He also claimed that he was exposed to cleaning solvents and lead. He was diagnosed with myelodysplastic syndrome (MDS), which eventually became acute myeloid Leukemia.