FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both present and former 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, and other carcinogens. Contact us for a no-cost consultation with a knowledgeable railroad lawyer today.
FELA Lawsuits
Railroads transport goods, services, and even people throughout the country every day. It requires a huge number of railroad workers in order to operate and manage these massive systems. The job of a rail worker is extremely dangerous, despite technological advancements. The Federal Employers Liability Act was passed in order to protect railroad workers who are injured.
Contrary to workers' compensation which is a system of no-fault plaintiffs must show that their railroad employer was negligent in order to get a payment under FELA. This is typically accomplished by showing that the railroad's actions violated any federal law, like the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than in other personal injury cases. This is due to the comparative fault criterion which allows workers to receive damages regardless of whether they caused their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and are able to analyze the evidence in these cases. Because the timeframe for filing an FELA claim is very limited so it is crucial to get an attorney on the case as soon as possible after your injury. This will allow us to collect statements or documents, as well as other evidence before it disappears. Contact us today to arrange an appointment with an attorney representing railroads.
Exposure to carcinogens
Railroad workers face the danger of contracting many of diseases from exposure to toxic chemicals and toxins on the job. For a long time, railway workers have been exposed to diesel fumes and asbestos, lead silica, creosote, and silica. This is why these chemicals can cause cancer as well as other illnesses among railroad workers. If a current or former railroad employee develops a disease that is directly attributable to the chemicals they were exposed to while working and is unable to cure it, they could be eligible to make an FELA lawsuit.
Numerous studies have revealed that railroad workers tend to be more susceptible to a high rate of cancer than those in other jobs. The most frequent kinds of cancers that are seen in railroad workers include lung, esophageal and throat cancers as well basal cell carcinomas of the neck and head.
Benzene is one of the most prevalent carcinogens to which railroad workers are exposed. Benzene is a non-colorless gas that has a sweet smell. It was banned over 20 years ago in the United States, but it is still present in crude oil and diesel exhaust. It is also an ingredient in degreasers and solvents. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew passed away from leukemia. Her lawsuit claims the railroad and city contaminated the neighborhood with toxic chemicals from the rail yard. Giles lived only a couple blocks from the rail yard as well as the creosote treatment facilities.
Symptoms of Cancer
Railroad transportation is crucial to the American economy. Each year, America's railroads transport 30 million people and 1.6 billion tons of freight, which includes food lumber and other materials, crude oil, grain, automobiles chemical, crushed stone and metal ore. Railroad workers are exposed to a diverse variety of dangerous substances, and many develop diseases such as cancer as a result. A FELA injury lawyer could assist you in filing a lawsuit against your employer.
For example, one former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, which is a skin cancer. He claims that his exposure to sunlight and creosote coated railroad ties between 1968 and 2009 caused the condition. He also claims that he was not receive the safety equipment to protect oneself from the dangers of work.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on an Union Pacific track yard. The Houston resident first noticed the lump in her breast in the year 2016. The lump was later found to be malignant after doctors removed it. The cancer has been able to spread to her lymph nodes, lungs liver and esophagus.
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 to store wooden railroad tie treated with coal tar and other toxic chemical mixtures up to the 1980s. In railroad lawsuit that was released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers and rheumatoid arthritis.
Symptoms of other diseases
Railroad workers are at risk of developing serious health issues, especially when they are exposed to chemicals every day. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer violates the law. Chaffin Luhana is committed to ensuring that victims receive the full compensation they are due.
According to studies, workers in the railroad sector are more susceptible to developing cancer. If the workers are working in locomotives or working in yards, they are usually exposed to harmful chemicals. For instance research has revealed that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. The chemical Benzene has been associated with cancer among railroad workers. It is present in a wide range of solvents, degreasers and other products used by the rail industry. It is also present in diesel exhaust and is known to cause non Hodgkin lymphoma in railroad workers.
In September the month of September, a jury awarded $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for a long time. He claimed that he didn't wear protective equipment while installing railroad ties soaked in creosote. He also claimed that he was exposed to degreasing solvents as well as lead. He was diagnosed with myelodysplastic syndrome (MDS) which eventually progressed into acute myeloid Leukemia.