A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers typically have long-term exposure to carcinogenic chemicals and substances like creosote or benzene as well as asbestos. If you have been diagnosed with cancer and believe that your exposure to these chemicals during your job caused it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more details, contact an acute myeloid plaintiff in a railroad lawsuit lawyer.
Benzene Exposure
It is a colorless, toxic gas that can cause cancer to people who are exposed for long periods of time. It is produced by the environment and also through the release of gas and tobacco smoke. The human body is also able to absorb benzene through the skin. Railroad workers who have developed cancer because of exposure to benzene could be able to sue their employer for compensation in the form of money.
In one case, the widow of a railroad employee who died was awarded $1,500,000 by the company that employed her husband. Her husband was pumpman on several tankers in the 1970s and 1980s and was exposed to benzene. When he passed away from acute myeloid leukemia in 1995 His wife filed a wrongful death claim against the vessel's owner.
Acute myeloid tumor is a cancer which spreads rapidly and can be fatal within the first few months after diagnosis if it's not treated. The majority of cases, it is treated by chemotherapy. However, in certain cases, targeted therapy or radiation could be utilized.
We obtained defense verdicts for a class 1 railroad in two cases where plaintiffs claimed that they suffered injuries to their brains due to solvent-induced exposure over their 23 years on the railways. The defense presented expert evidence on medical causation and industrial hygiene, and the jury found that the railroad's workplace was fairly safe.
Creosote Exposure
It is a mixture composed of hundreds of chemicals used to preserve wood such as railroad ties. It contains a number of carcinogens known to exist, including polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote can be absorbent through the surface the skin or ingested through drinking water that has been affected by this chemical. PAHs can be absorbed into lungs where they can cause lung cancer.
Inhalation exposure to creosote can lead to a variety of symptoms such as eye irritation, respiratory irritation and nausea and vomiting. It can cause third and second degree burns to the skin. Coal tar creosote has a variety of PAH compounds which include acenaphthene, naphthalene as well as fluorene and phenanthrene All of them are carcinogenic.
Creosote exposure could affect the health of the workers and their families as well. Certain workers have developed papular basis cell carcinomas (common occupational skin cancers) that may develop to different parts of the body. Others have been affected by chronic lung disease the liver fibrosis, esophageal, and esophage, and chronic bronchitis.
The railroad industry often fails to communicate adequately with employees about the dangers of long term exposure to toxic substances. For instance, it's not uncommon for railroad employees to leave diesel-powered forklifts, locomotives and cranes on the road during their work. These engines generate large amounts of exhaust fumes, which can be inhaled and ingested through the lungs. They also soak rags in benzene that contains solvents to clean machines and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or other chronic illness resulting from exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for medical expenses and other losses. A New York railroad cancer attorney could help workers pursue claims for damages in the form of money under the Federal Employers Liability Act, or FELA.
Many ailments related to occupational exposure to carcinogenic chemicals like diesel fumes asbestos and silica do not develop until a worker is older. Thus the statute of limitation in the majority of cases is only for three years from the point a person is first diagnosed with the disease. This is why it is vital that potential victims get in touch with an experienced railroad injury lawyer as soon as possible after they are diagnosed.
In a recent case, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an employee of a railroad who was diagnosed with leukemia after a long period of exposure toxic chemicals. The plaintiff alleged that the company violated FELA by failing to train their employees and equip them with proper safety equipment.
The jury gave the plaintiff damages of $7.5 million after finding that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed harmful chemicals such as benzene, creosote, and degreasing solvents when working for the company.
FELA
If a former railway worker is diagnosed with cancer resulting from exposure to toxic chemicals during their work the worker may make a claim under the Federal Employers Liability Act, or FELA. In contrast to the workers' compensation laws which cover medical expenses as well as loss of wages to the victim, FELA is a statute based on fault that requires proof of the railroad employer failing to protect their workers from the dangers that come with exposure to chemicals.
Railroad companies typically fight FELA lawsuits that involve occupational diseases. Defense lawyers usually argue that the former employee isn't able to identify specific instances of exposure to hazardous substances. They are also critical of official tests showing the presence or carcinogens or chemicals in the parts or equipment employed by railways.
A successful FELA claim is compensated for past and future physical suffering and pain and loss of enjoyment life, psychological distress and other damages. If the victim dies as a result of their injuries and/or injuries, a wrongful demise claim could be filed to seek compensation for the deceased person's family members.
At railroad workers cancer lawsuit , we work with experienced FELA lawyers to help injured railroad workers receive the financial support they need. Contact us for a free case evaluation. We represent railroad workers throughout the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.