A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, such as asbestos and benzene. If you think that exposure to these chemicals during work caused cancer, you may be entitled compensation.
The FELA law permits railroad workers to sue their employers for negligence. Contact a specialist railroad lawsuit acute myeloidleukemia lawyer for more details.
Benzene Exposure
Benzene, a colorless toxic gas can cause cancer when exposed for long periods of time. It is produced in the atmosphere as well as through the release of gas and tobacco smoke. The human body can absorb benzene through the skin. Railroad workers who developed cancer due to exposure to benzene may be eligible for monetary compensation from their employer.
In one case, a deceased railroad employee's widow was awarded damages of $1,500,000 from the company which employed him. The deceased husband was a pumpman for various tankers in the 1970s as well as the 1980s. He was often exposed to benzene, a toxic chemical. His wife filed a claim for wrongful death against the vessel owner after he died in 1995 from acute myeloid lymphoma.
railroad class action lawsuit is a fast-moving cancer that can be fatal within a few months if not treated promptly. It is usually treated by chemotherapy. However, in certain cases, targeted therapy or radiation could be utilized.
We have obtained defense verdicts in two cases, where plaintiffs claimed that they suffered brain damage due to exposure to solvents over their 23-year journey on rail. The defense presented expert testimony on medical causation as well as industrial hygiene, and the jury found that the workplace of the railroad was reasonably safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals used to protect wood, including railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). The PAHs present in creosote are absorbed through the surface of the skin or ingested through drinking water that has been affected by this chemical. PAHs can also be absorbed into the lung where they can cause lung cancer.
Creosote inhalation may trigger several symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can also cause third and second degree burns to the skin. Coal tar creosote has a variety of PAH compounds that include naphthalene, acenaphthene as well as fluorene and phenanthrene All of them are carcinogenic.
Creosote-related exposure can have a negative impact on the health of workers and their families. Some workers have developed papular basal cell carcinomas (common occupational skin cancers) which may spread to different parts of the body. Others have been affected by chronic asthma, esophageal esophagus ulcers, and fibrosis of the liver and lungs.
The railroad industry doesn't always effectively inform its employees about the dangers associated with long-term exposure to toxic substances. For instance, it is common for railroad workers to leave diesel-powered locomotives, forklifts and cranes in operation while they work. These engines produce large amounts of exhaust fumes, which can be inhaled and ingested through the lung. They also soak rags in benzene containing solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who contract cancer or suffer from another chronic illness due to exposure harmful chemicals like benzene and Creosote, could be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many illnesses that are triggered by occupational exposure to carcinogenic substances like diesel fumes asbestos and silica are not likely to show up until a person is older. Thus the statute of limitation generally only lasts for three years from the time an individual is first diagnosed with the illness. It is therefore crucial that victims get in touch with an attorney for railroad accidents immediately after being diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by a former railroad employee who had been diagnosed with leukemia after a long period of exposure toxic chemicals. The plaintiff claimed that the company violated FELA for failing to provide their employees with the necessary safety equipment and education.
The jury awarded the plaintiff $7.5 million in damages after finding that his cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals, including creosote, benzene and other degreasing agents.
FELA
When a former railroad worker is diagnosed with cancer due to exposure to toxic chemicals during their work the worker may file a claim under the Federal Employers Liability Act, or FELA. In contrast to workers' comp laws, which provide victims with medical expenses as well as some lost wages, FELA is a fault-based law that requires evidence that the railroad's employer failed to protect its workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims that involve occupational diseases. Their defense lawyers often argue that the former employee is unable to pinpoint specific instances of exposures that are harmful. They also point out the lack of official tests indicating the presence of carcinogens, or chemicals in the parts or equipment that are used by the railway.
A successful FELA claim is paid for future and past physical suffering and pain in addition to loss of enjoyment life, psychological distress and other damages. If the victim dies as a result of their injuries and/or injuries, a wrongful demise claim can be pursued to obtain the compensation of the deceased's family members.
We work with FELA attorneys to assist railroad employees injured by injuries obtain the financial assistance they require. Contact us today for a no-cost consultation. We represent railroad workers across the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.