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 if they suffer from cancer, or another chronic condition, due to exposure to benzene fumes, diesel fumes, and other carcinogens. Contact us today to receive a free consultation from an experienced railroad lawyer.
FELA Lawsuits
Every day railroads transport people, goods, and services across the nation. These massive systems require a lot of railroad workers to manage and operate. The job of a rail worker is extremely dangerous despite the technological advancements. As such, the Federal Employers Liability Act (FELA) was enacted in order to protect injured railroad workers.
In contrast to workers' comp that is a no-fault system and no-fault, claimants must prove their railroad employer was negligent in order to get a payment under FELA. This is typically accomplished by proving that the railroad violated any federal law, like the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is usually simpler to prove in FELA lawsuits than it is in other types of personal injury cases or comp cases. This is due to the comparative fault criterion that allows plaintiffs to claim damages even if they contributed to their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to examine the evidence in these cases. Because the time to file a FELA claim is very limited It is essential to hire an attorney immediately following your injury. This will allow us to collect statements or documents, as well as other evidence before it disappears. Contact us to set up one-on-one meetings with an attorney experienced in railroad litigation today.
Exposure to carcinogens
Railroad workers are at risk of contracting various illnesses due to exposure to toxic chemicals. For a long time, railway workers have been exposed to welding fumes, diesel fumes, asbestos, lead silica, creosote, and silica. These chemicals can cause cancer or other ailments among railroad employees. If a current or former railroad employee is suffering from an illness that is directly linked to the chemicals that they were exposed to in their job, they may qualify to make a FELA suit.
Numerous studies have found railroad workers to be more susceptible to developing cancer than other occupations. Some of the most common cancers among railroad employees include lung, esophageal, and throat cancers as well basal-cell cancers of the head and neck.
Benzene is one of the most prevalent carcinogens to which railroad workers are exposed. Benzene is a colorless gas with a pleasant odor. railroad lawsuit settlements was banned in the United States more than 20 years ago, but it is present in gasoline, crude oil and diesel exhaust. It is also an ingredient in some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. The suit claims that the railroad and city contaminated the area with toxic chemicals from the rail yard of the railroad. Giles lived just two blocks away from the creosote-treatment facility and railyard.
Signs and symptoms of Cancer
Railroad transportation is critical to the American economy. Each year, America's railways carry 30 million passengers and 1.6 billion tons of freight, including food and lumber, crude oil, grain, vehicles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a broad range of dangerous materials, and many develop diseases such as cancer as a result. A FELA injury lawyer could help you file 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 the equipment he was provided with was not the correct safety equipment to shield him from his workplace hazards.
LaTonya Paige, a third plaintiff claims that her breast cancer was the result of her work at an Union Pacific rail yard. The Houston resident claims she first noticed an area of breast cancer in the year 2016. When doctors removed the mass, they found that it was malignant. The cancer has expanded to her lymph nodes, lungs, the esophagus and liver.
The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located in his city. The site was used to store railroad tie made of wood treated with coal tar and other poisonous chemical mixes until the 1980s. A study released in January by Texas health officials connected the area to clusters of acute myeloidleukemia, bladder, lung, colon and rectal cancers as well as the rheumatoid joint.
Symptoms of other diseases
Railroad workers are at risk of serious health issues, especially those who are exposed to chemicals every day. The Federal Employers Liability Act allows railway workers to seek compensation if their employer breaks the law. Chaffin Luhana is dedicated to ensuring that victims receive the complete compensation they deserve.
According to research, workers who work in the railroad industry are more prone to developing cancer. No matter if the workers are in locomotives or working in yards, they are typically 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. Another chemical that has been associated with cancer in railroad workers is benzene which is present in many solvents and degreasers employed by rail companies. It is also found in diesel exhaust and is known to cause non Hodgkin lymphoma in railway workers.
In September, a jury awarded $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff was employed by Chicago and North Western Railroad, then for Union Pacific Railroad Company, for decades. He claimed that he was not wearing protective equipment while constructing railroad tieways that were soaked with creosote. He also claimed that he had been exposed to degreasing agents and lead. He had myelodysplastic Syndrome (MDS) which later developed into acute myeloid leukemia.