FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) allows current, former and retired railroad workers the right to file a lawsuit against their employer when they develop cancer or another chronic illness from on-the-job exposure to benzene (creosote), benzene diesel fumes and other carcinogens. Call today for a free consultation with a knowledgeable railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and even people throughout the country every day. It takes a large number of railroad workers in order to operate and manage these huge systems. The job of a rail worker is extremely dangerous, despite technological advances. The Federal Employers Liability Act was put in place to protect railroad workers who are injured.
In contrast to workers' compensation that is a no-fault system and no-fault, claimants must prove their railroad employer was negligent to get a payment under FELA. Generally, this is done by proving that the railroad's actions violated a federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than other personal injury claims. This is due to the strict comparative negligence criterion that allows individuals to seek compensation even if their own actions contributed to their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to examine the evidence in these cases. It is essential to retain a lawyer as quickly as you can after your injury because the deadline for filing an FELA claims is short. This allows us time to collect statements, documents, records, and other evidence. Contact us to schedule one-on-one sessions with an attorney who has experience in railroad litigation today.
Exposure to carcinogens
Railroad workers are at danger of contracting a range of illnesses as a result of exposure to toxic chemicals and toxins while on the job. Railroad workers have been exposed for decades to welding fumes and diesel fumes. They also are exposed to lead, asbestos silica, creosote and creosote. This is why these chemicals can cause cancer and other diseases in railroad workers. If a former or present railroad worker develops a condition that is directly attributable to the chemicals they were exposed to while working and is unable to cure it, they could be eligible to bring a FELA lawsuit.
Numerous studies have revealed that railroad workers tend to have a higher risk of cancer than people in other jobs. Some of the most prevalent types of cancers seen in railroad workers are lung, esophageal and throat cancers as well as basal cell carcinomas on the neck and head.
Benzene is among the most prevalent carcinogens to which railroad workers are exposed. It has a pleasant smell and is an odorless and colorless gas. It was banned in the United States more than 20 years ago but is present in gasoline, crude oil and diesel exhaust. It is also a component in a variety of solvents and degreasers. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew passed away from leukemia. Her lawsuit claims the railroad and city polluted the area with toxic chemicals that came from the rail yard of the railroad. Giles lived only a couple blocks from the rail yard as well as the creosote treatment facility.
Cancer Symptoms
Railroad transportation is vital to the American economy. Each year, America's railways carry 30 million passengers and 1.6 billion tons of freight, which includes food, lumber, crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed range of dangerous materials, and many develop illnesses like cancer as a result. A FELA injury lawyer can assist you in filing an action against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, which is a type of skin cancer. He claims that his exposure to sunlight and creosote-coated railroad tracks between 1968 and 2009 caused the condition. He also complains that his workplace was not equipped with the correct safety equipment to protect himself from the hazards of his job.
LaTonya Paige, a second plaintiff claims that her breast cancer was the result of her work at the Union Pacific rail yard. The Houston resident claimed she first noticed the lump in her breast in the year 2016. When doctors removed the lump and found it was malignant. The cancer has taken over her lymph nodes to her lungs, liver, and esophagus.
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 compounds until the 1980s. In a report released by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers, and rheumatoid arthritis.
Signs and symptoms of other Diseases
Railroad workers are at risk of serious health problems, particularly in the event that they are exposed chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right of compensation when their employer has violated the law. Chaffin Luhana is dedicated to ensuring that victims receive full compensation they are due.
According to studies, people in the railroad sector are more susceptible to developing cancer. When workers are inside locomotives or working in yards, they are frequently exposed to harmful chemicals. For example an investigation has shown 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 found in many solvents and degreasers employed by rail companies. It is also a component of diesel exhaust, and it is known to cause non-Hodgkin lymphoma in rail workers.
In September an indictment, a jury handed $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff was employed by Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for many years. He claimed that he did not wear protective equipment while installing railroad tieways that were immersed in creosote. He also alleged that he was exposed degreasing solvents as well as lead. railroad cancer lawsuit was diagnosed with myelodysplastic Syndrome (MDS) which eventually became acute myeloid Leukemia.