FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, former and current and former employees the right to sue their employer in the event that they develop cancer, or any other chronic illness as a result of exposure to benzene fumes diesel fumes, or other carcinogens. Contact us today for a no-cost consultation from an experienced railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and even people throughout the country every day. It takes a large number of railroad workers to operate and manage these huge systems. The job of a railway worker is extremely dangerous despite technological advances. The Federal Employers Liability Act was passed in order to protect railroad workers who are injured.
Unlike workers' compensation, which is a no-fault insurance system claimants under FELA must demonstrate that their railroad's employer was negligent in order to receive a payment. Generally, this is achieved by proving that the railroad's conduct was in violation of a federal norm, for example the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than in other personal injury lawsuits. This is due to the comparative fault criterion which allows workers to receive damages even if they contributed to their injuries.
Shaw Cowart's lawyers have vast experience with FELA claims, and they know how to investigate the evidence in these cases. Because the time to file an FELA claim is limited so it is crucial to seek out an attorney early enough after your injury. This allows us to gather statements as well as documents, records, and other evidence prior to it disappearing. Contact us today to arrange an appointment with an attorney who handles railroad litigation.
Exposure to Carcinogens
Railroad workers face the danger of contracting many of illnesses as a result of exposure to toxic chemicals and toxins while working. For many years, railroad workers have been exposed to diesel fumes, welding fumes, asbestos, lead, silica and creosote. These chemicals can cause cancer or other illnesses among railroad employees. If a former or current railroad employee suffers from an illness directly related to the chemicals they were exposed to at work They may be able to make an FELA suit.
Numerous studies have proven that railroad workers suffer from a higher incidence of cancer than those working in other occupations. Some of the most common types of cancers seen in railroad workers include throat, esophageal, lung cancers, as well as basal cell carcinomas on the head and neck.
Benzene is one of the most commonly used carcinogens to which railroad workers are exposed. It has a sweet scent and is a colorless, odorless gas. 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 an ingredient in some solvents and degreasers. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew died of leukemia. The suit claims that the railroad and city contaminated the neighborhood with toxic chemicals from the rail yard of the railroad. Giles lived only a couple blocks from the rail yard as well as the creosote treatment facility.
Cancer Signs and Symptoms
Railroad transportation is critical to the American economy. railroad controls limited lawsuit in America transport 30 million people each year and 1.6 billion tonnes of freight. This includes food, lumber and crude oil, grain, as along with vehicles as well as chemicals and metal ore. A FELA injury lawyer could help you file a lawsuit against your employer.
For instance, a former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He says his exposure to sunlight and creosote-coated railroad ties from 1968 to 2009 caused the condition. He also claims that he was not provided with the correct safety equipment to protect himself from the hazards of his job.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on an Union Pacific track yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in the year 2016. The lump was discovered to be malignant after doctors removed it. The cancer has spread to her lymph nodes, lungs liver and esophagus.
The Houston mayor has contacted the Biden administration to seek fines and orders to clean up of the Union Pacific site in his city. The site was used up to the 1980s to store wooden railroad ties which were treated with creosote, an organic mixture of coal tar and other poisonous chemicals. In a study published by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer, bladder cancer, colon and rectal carcinomas 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 allows railway workers to seek compensation when their employer breaks the law. Chaffin Luhana is dedicated to helping these victims receive the full amount of compensation they are entitled to.
Studies show that workers in the railroad industry are more likely to develop forms of cancer. If the workers are working in locomotives or working in yards, they are frequently exposed to harmful chemicals. A study found that railroad workers exposed to diesel exhaust had a greater chance of developing lung cancer. Another chemical that has been associated with cancer in railroad workers is benzene that is found in a variety of solvents and degreasers employed by rail companies. It is also a component in diesel exhaust and is believed to cause non-Hodgkin lymphoma in rail workers.
In September, a jury awarded $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff was employed at Chicago and North Western Railroad and then Union Pacific Railroad Company for many years. He claimed that he was not wearing protection equipment when he was installing railroad tieways that were immersed in creosote. He also claimed that he had been exposed to degreasing agents and lead. He was diagnosed with myelodysplastic syndrome (MDS) which later progressed to acute myeloid leukemia.