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 if they suffer from cancer or another chronic condition, due to exposure to benzene fumes, diesel fumes, and other carcinogens. Call today to schedule a consultation with a knowledgeable railroad attorney today.
FELA Lawsuits
Every day railroads transport people goods, and services across the country. It takes a significant number of railroad workers in order to operate and manage these massive systems. The job of a railway worker is extremely risky, despite technological advances. As such, the Federal Employers Liability Act (FELA) was enacted to safeguard railroad workers who are injured.
In contrast to workers' compensation, which is a no-fault system, claimants must prove that their railroad employer was negligent in order to receive compensation under FELA. This is usually achieved by proving that the railroad's conduct was in violation of an enforceable federal standard like the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
railroad cancer lawsuit is typically easier to prove in FELA lawsuits than in other types of personal injury claims or workers compensation cases. This is due to the pure comparative fault criterion that allows workers to be awarded damages regardless of whether they caused their injuries.
Shaw Cowart's lawyers have vast experience with FELA claims and are able to examine evidence in these cases. It is essential to engage a lawyer as soon as you can following your injury as the deadline for filing an FELA claims is short. This gives us time to gather statements, documents, records and other evidence. Contact us for a one-on-one sessions with an attorney skilled in railroad litigation today.
Exposure to Carcinogens
Railroad workers are at risk of contracting diseases due to exposure to toxic chemicals. For a long time, railroad workers have been exposed to diesel fumes, welding fumes, asbestos, lead silica, creosote, and asbestos. These chemicals can cause cancer and other diseases among railroad workers. If a current or former railroad employee has an illness that is directly linked to the chemicals they were exposed to while at work, they may qualify to bring a FELA suit.
Numerous studies have demonstrated that railroad employees tend to suffer from a higher rate of cancer than those working in other jobs. The most frequent cancers that railroad workers suffer from 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 colorless gas with a pleasant odor. It was banned in the United States more than 20 years ago, yet it is present in crude oil, gasoline and diesel exhaust. It is also an ingredient in 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 the city contaminated the area with toxic chemicals that came from the rail yard. Giles lived just several blocks from the creosote and rail yard.
Cancer Symptoms
Railroad transportation is vital to the American economy. Every year, America's railroads carry 30 million passengers as well as 1.6 billion tons of freight, which includes food lumber, crude oil, grain, automobiles, chemicals, crushed stone and metal ore. Railroad workers are exposed to a diverse range of hazardous substances, and many develop illnesses like cancer as a result. A FELA injury lawyer can 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, a skin cancer. He claims that exposure to sun light and creosote coated railroad tracks between 1968 and 2009 caused the condition. He also claims he did not receive the necessary safety equipment to safeguard himself from the hazards of his job.
LaTonya Paige, another plaintiff who claims that her breast cancer was the result of her work at the Union Pacific rail yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in the year 2016. When doctors removed the mass, they found that it was malignant. The cancer has spread from her lymph nodes to her lungs, liver, and esophagus.
The Houston mayor has contacted the Biden administration to seek fines and orders for the cleanup of the Union Pacific site in his city. The site was used to store railroad ties made of wood treated with coal tar as well as other toxic chemical compounds until the 1980s. A study published in January by Texas health officials found that the area was associated with clusters of acute myeloid leukemia, colon, bladder, lung and rectal cancers, and Rheumatoid Arthritis.
Other diseases may also have symptoms.
Railroad workers face a myriad of health risks, including those who are exposed to chemicals on a regular basis. 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 deserve.
Studies show that workers in the railway industry are more likely to develop various types of cancer. Workers are exposed to harmful chemicals, whether they work inside locomotives or in yards. For instance the study found that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene which is present in many degreasers and solvents used by railroad companies. It is also a component of diesel exhaust, and is known to cause non-Hodgkin lymphoma among rail 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, then for Union Pacific Railroad Company, for a long time. He claimed that he didn't wear protective equipment while installing railroad ties soaked with creosote. He also claimed that he was exposed to degreasing solvents, as well as lead. He was diagnosed with myelodysplastic syndrome (MDS) that eventually led to acute myeloid leukemia.