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 caused by exposure to benzene fumes diesel fumes and other carcinogens. Contact us today to receive a free consultation with a skilled railroad lawyer.
FELA Lawsuits
Every day, railroads transport people, products, and services across the nation. These massive systems require an enormous number of railroad workers to operate and manage. Despite advances in technology the work of a railway worker is extremely dangerous. As such, the Federal Employers Liability Act (FELA) was passed to protect railroad workers who are injured.
In contrast to workers' compensation which is a no-fault system, claimants under FELA must prove that their railroad's employer was negligent in order to receive a payment. This is usually achieved by showing that the railroad's conduct was in violation of an enforceable federal standard like the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is generally easier to prove in FELA lawsuits than in other personal injury or workers claims. This is due to the strict comparative negligence criterion which allows workers to recover damages even if their own actions caused their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to analyze the evidence in these cases. Because the timeframe for filing a FELA claim is limited and therefore, it is essential to find an attorney immediately following your injury. This allows us to gather statements as well as documents, records, and other evidence prior to it disappearing. Contact us today to set up a a consultation with a railroad litigation attorney.
Exposure to carcinogens
Railroad workers face the danger of contracting many of ailments due to exposure toxic chemicals and toxins while on the job. Railroad workers are exposed for years to welding fumes and diesel fumes. They are also exposed to lead, asbestos silica, creosote, and creosote. This is why these chemicals can cause cancer and other illnesses in railroad workers. If a former or present railroad employee is suffering from an illness directly related to the chemicals that they were exposed to during their work they could be eligible to make an FELA suit.
Numerous studies have proven that railroad workers tend to have a higher risk of cancer than those working in other occupations. The most frequent kinds of cancers found in railroad workers include throat, esophageal and lung cancer as well as basal cell carcinomas of the neck and head.
Benzene is one of the most frequently used carcinogens which railroad workers are exposed. The gas is colorless and that has a pleasant smell. It was banned over 20 year ago in the United States, but it remains in diesel and crude oil exhaust. It is also a component of some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. The lawsuit alleges that the railroad and city contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived several blocks from the creosote-treatment facility and railyard.
Signs and symptoms of Cancer
Railroad transportation is vital to the American economy. Each year, America's railways carry 30 million passengers and 1.6 billion tons of freight, which includes food lumber crude oil, grain, vehicles, chemicals, crushed stone and metal ore. Railroad workers are exposed range of hazardous materials, and many develop diseases like cancer as a result. 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 led 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 did not have the proper safety equipment to protect oneself from the dangers of work.
LaTonya Paige, a third plaintiff asserts that her breast cancer was triggered by her job at an Union Pacific rail yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in 2016. The mass was found to be malignant when doctors removed it. The cancer has spread to her lymph nodes, lungs, the esophagus and liver.
The Houston mayor has asked the Biden administration to seek fines and orders to clean up of the Union Pacific site in his city. The site was used to store wooden railroad tie treated with coal tar and other toxic chemical compounds until the 1980s. A study published in January by Texas health officials linked the area to clusters of acute myeloid leukemia, lung, bladder, colon and rectal cancers, and the rheumatoid joint.
Signs and symptoms of other Diseases
Railroad workers are at risk of numerous health risks, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway employees to seek compensation when their employer violates 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. When workers are inside locomotives or working in yards, they are typically exposed to harmful chemicals. A study showed that railroad workers exposed to diesel exhaust had a greater risk of developing lung cancer. Another chemical that has been linked to cancer among railroad workers is benzene which is found in many degreasers and solvents used by rail companies. It is also found in diesel exhaust and is known to cause non Hodgkin lymphoma among railroad workers.
In September an indictment, a jury handed $7.5 million to an employee of the railroad who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed that he didn't wear protective equipment while installing railroad ties soaked in creosote. He also claimed that he had been exposed to degreasing agents and led. Kidney cancer lawsuit was suffering from myelodysplastic disorder (MDS) that eventually led to acute myeloid leukemia.