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 if they suffer from cancer or any other chronic illness as a result of exposure to benzene fumes diesel fumes, or other carcinogens. Contact us for a no-cost consultation with a knowledgeable railroad attorney today.
FELA Lawsuits
Every day railroads transport people, goods, and services across the nation. It requires a huge number of railroad workers in order to operate and manage these massive systems. The work of a railroad worker is extremely dangerous despite the technological advancements. Therefore, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers injured.
In contrast to workers' compensation, which is a no-fault system, those who claim under FELA must demonstrate that their railroad's employer was negligent to receive compensation. This is usually achieved by proving that the railroad's actions violated an enforceable federal standard like the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is usually simpler to prove in FELA lawsuits than in other types of personal injury or workers' comp cases. This is due to the concept of comparative negligence which permits people to claim damages even if their own actions contributed to their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to analyze the evidence in these cases. It is important to hire a lawyer as soon as you can after your injury, as the deadline for filing a FELA claims is short. This will allow us to collect statements as well as documents, records, and other evidence prior to it disappearing. Contact us today to arrange an appointment with a railroad litigation attorney.
Exposure to carcinogens
Railroad workers are at risk of contracting diseases as a result of exposure toxic chemicals. For many years, railroad workers have been exposed to diesel fumes, welding fumes,, asbestos silica, creosote, and silica. These chemicals can cause cancer or other illnesses among railroad employees. If a current or former railroad employee develops an illness which is directly linked to the chemicals they were exposed to during their work and is unable to cure it, they could be eligible to file a FELA lawsuit.
Many studies have shown that railroad employees tend to suffer from a higher rate of cancer than those working in other occupations. Some of the most common cancers among railroad employees include lung, esophageal and throat cancers as well as basal-cell cancers of the head and neck.
Benzene is one of the most common carcinogens to which railroad workers are exposed. The smell of benzene is sweet and is a colorless, odorless gas. 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 an ingredient in degreasers and solvents. Railroad Cancer Lawsuit Settlements is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. The lawsuit alleges that the railroad and city contaminated the neighborhood with toxic chemicals from the railroad's rail yard. Giles lived just two blocks away from the railyard and creosote-treatment site.
Cancer Symptoms
Railroad transportation is vital to the American economy. Each year, America's railroads transport 30 million passengers and 1.6 billion tons of freight, including food lumber and other materials, crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed to a wide range of hazardous materials and a lot of them develop diseases such as cancer as a result. A FELA injury attorney can assist you in filing a claim against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, which is a kind of skin cancer. He says his exposure to sunlight radiation and creosote-coated railroad ties from 1968 to 2009 led to the condition. He also complains that the equipment he was provided with was not the proper safety equipment to protect workers from hazards at work.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work at the Union Pacific track yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in the year 2016. The lump was discovered to be malignant after doctors removed it. The cancer has been able to spread to her lymph nodes, lungs, the esophagus and liver.
The Houston mayor asked the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used until the 1980s to store railroad ties made of wood which were treated with creosote, a chemical mixture of coal tar and other harmful chemicals. In a report released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas and rheumatoid joint.
The symptoms of other Diseases
Railroad workers are at risk of serious health issues, especially if they are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation if their employer breaks the law. Chaffin Luhana is committed to helping these victims receive the maximum amount of compensation they are entitled to.
Studies have shown that people working in the railway industry are more likely to develop different types of cancer. When workers are inside locomotives or working in yards, they are typically exposed to harmful chemicals. For instance the study found that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. Another chemical, Benzene, has been linked with cancer among railroad workers. It is found in a wide range of solvents, degreasers and other products used by the railroad industry. It is also a component of diesel exhaust and is known to cause non-Hodgkin's lymphoma in railroad workers.
In September the month of September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff worked for Chicago and North Western Railroad and then Union Pacific Railroad Company for decades. He claimed he worked without protection equipment when he was installing railroad tieways that were soaked with creosote. He also claimed that he was exposed degreasing solvents and lead. He had myelodysplastic Syndrome (MDS) which eventually led to acute myeloid leukemia.