FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both former and current, the right to sue their employer if they develop cancer, or another chronic disease because of exposure to benzene fumes, diesel fumes, and other carcinogens. Call for a free consultation with a knowledgeable railroad attorney today.
FELA Lawsuits
Every day, railroads transport people, goods, and services across the nation. These massive systems require a lot of railroad workers to run and manage. The job of a railway worker is extremely dangerous, despite technological advances. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.
In contrast to workers' compensation, which is a no-fault system the claimants who are covered under FELA must demonstrate that their railroad employer was negligent to be eligible for payment. Generally, this is achieved by proving that the railroad's conduct violated a federal standard, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is usually simpler to prove in FELA lawsuits than in other personal injury or compensation cases. This is due to the pure the concept of comparative fault, which allows plaintiffs to claim damages regardless of the fact that they contributed to their injuries.
Shaw Cowart's lawyers have extensive experience in FELA claims, and they know how to look into the evidence in these cases. It is important to hire a lawyer as soon as you can following your injury because the time frame for filing an FELA claim is very short. This gives us time to collect statements, documents, records and other evidence. Contact us for a one-on-one meetings with an attorney skilled in railroad litigation today.
Exposure to Carcinogens
Railroad workers face the danger of contracting a range of diseases from exposure to toxic chemicals and toxins on the job. Railroad employees have been exposed for a long time to welding fumes and diesel fumes. They also are exposed to lead, asbestos creosote and silica as well as creosote and creosote. As a result, these chemicals can cause cancer as well as other illnesses in railroad employees. If a past or current railroad employee is suffering from an illness directly related to the chemicals they were exposed to at work, they may qualify to bring an FELA suit.
Numerous studies have found railroad workers to be more susceptible to developing cancer than other professions. Some of the most common types of cancers seen among railroad workers are throat, esophageal and lung cancers, as well as basal cell carcinomas that affect the head and neck.
One of the most common carcinogens railway workers are exposed to is benzene. Benzene is a non-colorless gas that has a sweet smell. 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 Payne is suing BNSF and the City of Houston, Texas, after her nephew died from leukemia. The lawsuit claims that the railroad and the city affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived a few blocks from the creosote and rail yard.
Cancer symptoms
Railroad transportation is vital to the American economy. The railroads in America transport 30 million people each year, and 1.6 billion tonnes of freight. This includes food, lumber and crude oil, grain as well as vehicles chemical and metal ore. A FELA injury lawyer can 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, a skin cancer. He claims that exposure to sunlight and creosote coated railroad connections between 1968 and 2009 caused the condition. He also complains that he was not provided with the proper safety equipment to protect him from his workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work at a Union Pacific track yard. The Houston resident said she first noticed a lump in her breast in the year 2016. When doctors removed the mass, they found that it was malignant. The cancer has taken over her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor contacted the Biden administration for fines and orders to clean up the Union Pacific site located in his city. The site was used for storage of railroad tie made from wood treated with coal tar and other poisonous chemical mixtures until the 1980s. A study published in January by Texas health officials found that the area was associated with clusters of acute myeloidleukemia lung, bladder, colon and rectal cancers, and rheumatoid arthritis.
The signs of other Diseases
Railroad workers are exposed to a variety 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 dedicated to ensuring that victims receive full compensation they deserve.
Studies have revealed that workers in the railway industry are more likely to develop forms of cancer. Workers are exposed to harmful chemicals whether they work inside locomotives or in yards. For example research has revealed that railroad workers 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 a component of many solvents and degreasers employed by railroad companies. It is also found in diesel exhaust and is believed to cause non Hodgkin lymphoma among rail workers.
In railroad lawsuits , a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff was employed by Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for decades. He claimed that he was not wearing protective equipment while constructing railroad ties that were soaked in creosote. He also claimed that he had been exposed to degreasing agents and led. He was diagnosed with myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.