FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both present and former, the right to sue their employer if they develop cancer, or another chronic condition as a result of exposure to benzene fumes diesel fumes, and other carcinogens. Contact us today for a no-cost consultation with a skilled railroad lawyer.
FELA Lawsuits
Every day railroads transport people, goods, and other services across the nation. It requires a lot of railroad workers in order to operate and manage these huge systems. Despite advances in technology, the work of a railroad worker is still incredibly dangerous. The Federal Employers Liability Act was created to protect railroad workers who are injured.
In contrast to workers' comp, which is a system of no-fault, claimants must prove that their railroad employer was negligent to receive payment under FELA. Generally, this is achieved by proving that the railroad's conduct violated a federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases, it is easier to prove negligence than other personal injury lawsuits. This is due to the relative fault criterion, which permits workers to receive damages regardless of whether they caused their injuries.
Shaw Cowart's attorneys have extensive experience in FELA claims, and they know how to evaluate the evidence in these cases. Since the time frame for filing a FELA claim is very limited and therefore, it is essential to seek out an attorney as soon as you can after your injury. This will allow us to collect statements as well as documents, records, and other evidence prior to it disappearing. Contact us today to schedule an appointment with an attorney who handles railroad litigation.
Exposure to carcinogens
Railroad workers are susceptible to contracting illnesses due to exposure to toxic chemicals. For a long time, railroad workers have been exposed to welding fumes, diesel fumes, lead, asbestos silica, creosote, and silica. In turn, these chemicals can cause cancer and other ailments in railroad workers. If a former or current railroad employee develops a disease which is directly linked to the chemicals they were exposed to while working they could be able to file a FELA lawsuit.
Numerous studies have proven that railroad employees tend to suffer from a higher incidence of cancer than people in other jobs. The most frequent cancers among railroad workers include lung, esophageal, as well as throat cancers as well basal-cell carcinomas of the neck and head.
One of the most prevalent carcinogens that railway workers are exposed to is benzene. The smell of benzene is sweet and is an odorless and colorless gas. It was banned in the United States more than 20 years ago, but it is present in crude oil, gasoline and diesel exhaust. It is also a component of certain solvents and degreasers. Latonya Paige is suing BNSF, the City of Houston and Texas following the death of her nephew from leukemia. The lawsuit alleges that the railroad and city contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived just several blocks from the creosote and rail yard.
Symptoms of Cancer
Railroad transportation is essential to the American economy. Each year, America's railroads transport 30 million people and 1.6 billion tons of freight, including food lumber and other materials, crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed to a wide variety of dangerous substances and are prone to developing diseases such as cancer as a result. A FELA injury lawyer can assist you in filing an action against your employer.
For instance, a 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 infused railroad connections between 1968 and 2009 caused the condition. He also claims that his workplace was not equipped with the right safety equipment to protect workers from hazards at work.
LaTonya Paige, another plaintiff, claims that her breast cancer was the result of her work at a 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 and found it was malignant. The cancer has been spreading from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor has requested the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used until the 1980s to store wooden railroad ties that were treated with creosote, which is a chemical blend of coal tar and other toxic chemicals. A study released in January by Texas health officials connected the area to clusters of acute myeloid leukemia colon, bladder, lung and rectal cancers, and rheumatoid arthritis.
Symptoms of other diseases
Railroad workers are at risk of serious health problems, particularly if they are exposed to chemicals on a daily 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 complete compensation they deserve.
Research has shown that those working in the railroad industry are more likely to develop different types of cancer. If the workers are working in locomotives or working in yards, they are often exposed to harmful chemicals. A study showed that railroad workers exposed to diesel exhaust had a higher chance of developing lung cancer. Another chemical that has been associated with cancer in railroad workers is benzene, which is found in many solvents and degreasers utilized by rail companies. It is also a constituent of diesel exhaust, and it is believed to cause non-Hodgkin lymphoma among rail workers.
In September the month of September, a jury voted $7.5 million to a railroad employee who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. Leukemia lawsuit claimed that he was not wearing protective equipment when putting in railroad tieways that were soaked with creosote. He also claimed that he was exposed degreasing solvents and lead. He was diagnosed with myelodysplastic Disorder (MDS) which eventually became acute myeloid Leukemia.