FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, former and retired railroad employees the right to sue their employer when they develop cancer or other chronic illnesses through exposure to benzene, creosote and carcinogens such as diesel fumes. Call today for a free consultation with a skilled railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and people throughout the country every day. These massive systems require a lot of railroad workers to operate and manage. The job of a rail worker is extremely risky, despite the technological advancements. The Federal Employers Liability Act was created to protect railroad workers who are injured.
In contrast to workers' comp that is a no-fault system claims, the claimant must show that their railroad employer was negligent in order to get a payment under FELA. Generally, this is achieved through showing that the railroad's conduct was in violation of a federal norm, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is more straightforward to prove negligence than in other personal injury claims. This is due to the pure comparative negligence criterion which allows individuals to seek compensation even if their own actions caused their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to examine the evidence in these cases. Since the time for filing a FELA claim is very limited so it is crucial to get an attorney on the case as soon as you can after your injury. This allows us to gather statements or documents, as well as other evidence before it disappears. Contact us today to schedule an appointment with an attorney representing railroads.
railroad cancer lawsuit to carcinogens
Railroad workers face the possibility of contracting a variety of ailments due to exposure toxic chemicals and toxins working. For a long time, railroad workers have been exposed to diesel fumes,, asbestos silica, creosote, and asbestos. This is why these chemicals can cause cancer and other illnesses among railroad employees. If a current or former railroad employee suffers from an illness directly related to the chemicals that they were exposed to while at work They may be able to make an FELA suit.
Numerous studies have proven railroad workers to be more susceptible to developing cancer than other jobs. Some of the most prevalent types of cancers seen among railroad workers are throat, esophageal, and lung cancers as well basal cell carcinomas of the head and neck.
Benzene is among the most frequently used carcinogens which railroad workers are exposed. It has a sweet scent and is a colorless, odorless gas. It was banned in the United States more than 20 years ago but is still present in crude oil, gasoline and diesel exhaust. It is also a component of some solvents and degreasers. Latonya Paige is suing BNSF, the City of Houston and Texas after her nephew died of leukemia. The lawsuit alleges that the railroad and city polluted the area with toxic chemicals that came from the rail yard of the railroad. Giles lived just a few blocks from the rail yard as well as the creosote treatment facilities.
Cancer The Symptoms
Railroad transportation is vital to the American economy. Each year, America's railways carry 30 million passengers and 1.6 billion tons of freight, including food and lumber and other materials, crude oil, grain, vehicles, chemicals, crushed stone and metal ore. Railroad workers are exposed to a broad variety of dangerous substances and are prone to developing illnesses such as cancer as the result. A FELA injury lawyer can 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 claims that his exposure sunlight radiation and creosote coated railroad ties in the years 1968 through 2009 contributed to the condition. He also claims that the equipment he was provided with was not the correct safety equipment to protect workers from hazards at work.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on the Union Pacific track yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in 2016. The lump was later found to be malignant when doctors removed it. The cancer has expanded 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 a Union Pacific site in his city. The site was used from the 1980s to store railroad ties made of wood which were treated with creosote, a chemical mixture of coal tar as well as other toxic chemicals. In a study published by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer, bladder cancer, colon and rectal carcinomas and rheumatoid arthritis.
The signs of other Diseases
Railroad workers are at risk of developing serious health problems, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to pursue compensation when their employer has violated the law. Chaffin Luhana is dedicated to ensuring that victims receive full compensation they deserve.
According to research, workers who work in the railroad industry are more susceptible to developing cancer. No matter if the workers are in 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. Benzene is a different chemical that has been associated with cancer among railroad workers. It is present in many degreasers, solvents and other products used by the railroad industry. It is also found in diesel exhaust and is believed to cause non Hodgkin lymphoma among rail workers.
In September an indictment, a jury handed $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for a long time. He claimed that he was not required to wear protective equipment when putting in railroad ties soaked with creosote. He also claimed that he had been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.