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FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past, and retired railroad workers the right to file a lawsuit against their employer if they suffer from cancer or other chronic illnesses through exposure to benzene, creosote, diesel fumes and other carcinogens. Call today to schedule a consultation with a knowledgeable railroad attorney today.
FELA Lawsuits
Every day railroads transport people products, and services across the nation. It requires a lot of railroad workers to operate and manage these huge systems. Despite advancements in technology, the work of a railroad worker remains extremely risky. Therefore, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers injured.
Unlike workers' comp, which is a no-fault system, claimants must prove that their railroad employer was negligent in order to get a payment under FELA. Usually, this is accomplished through showing that the railroad's conduct was in violation of a federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is typically easier to prove in FELA lawsuits than it is in other types of personal injury cases or comp cases. This is due to the comparative fault criterion that allows workers to receive damages regardless of whether they caused their injuries.
Shaw Cowart's attorneys have a wealth of experience with FELA claims, and they know how to investigate evidence in these cases. Because the timeframe for filing a FELA claim is very limited It is essential to seek out an attorney as soon as possible after your injury. This will allow us to collect statements, documents, records and other evidence before it disappears. Contact us today for a an appointment with a railroad litigation attorney.
Exposure to carcinogens
Railroad workers are at risk of contracting a variety of illnesses due to exposure to toxic chemicals. Railroad employees have been exposed for decades to diesel fumes and welding fumes. They are also exposed to lead, asbestos creosote and silica as well as creosote and creosote. In turn, these chemicals can cause cancer and other illnesses in railroad workers. If a former or present railroad worker develops a condition which is directly linked to the chemicals they were exposed to while working or at home, they could be eligible to make an FELA lawsuit.
Many studies have shown railroad workers to be more likely to develop cancer than other occupations. The most frequent types of cancers seen in railroad workers are throat, esophageal, lung cancer as well as basal cell carcinomas on the neck and head.
Benzene is among the most frequently used carcinogens which railroad workers are exposed. It has a sweet scent and is a colorless, odorless gas. It was banned over 20 year ago in the United States, but it is still found in 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 was diagnosed with leukemia. Her lawsuit claims the city and railroad contaminated the neighborhood with toxic chemicals from the rail yard of the railroad. Giles lived just a few blocks from the creosote-treatment facility and railyard.
The signs of Cancer
Railroad transportation is essential to the American economy. Every year, America's railroads carry 30 million passengers and 1.6 billion tons of freight, which includes food and lumber and other materials, crude oil, grain, automobiles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a diverse range of dangerous materials and a lot of them develop illnesses such as cancer as the result. 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 sun radiation and creosote-coated railroad ties from 1968 to 2009 contributed to the condition. He also claims he did not have the proper protection equipment to shield himself from workplace hazards.
LaTonya Paige, a second plaintiff, claims that her breast cancer was triggered by her job at a Union Pacific rail yard. The Houston resident first noticed an area of breast cancer in the year 2016. The lump was discovered to be malignant when doctors removed it. The cancer has spread to her lymph nodes, lungs the esophagus, and her liver.
The Houston mayor has asked the Biden administration to seek fines and orders for the cleanup of the Union Pacific site in his city. The site was used for storage of railroad tie made from wood treated with coal tar as well as other toxic chemical compounds until the 1980s. In a study released by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer, bladder cancer, colon and rectal carcinomas, and rheumatoid arthritis.
Other diseases may also have symptoms.
Railroad workers are exposed to a variety of health risks, and this is especially true for those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act allows railway workers to seek compensation when their employer violates the law. Chaffin Luhana is committed to ensuring that victims receive full compensation they are due.
According to studies, workers in the railway industry are more likely to develop cancer. Workers are exposed to harmful chemicals whether they are working in locomotives or in yards. For example the study found that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Benzene is another chemical that has been linked to cancer in railroad workers. It is found in a wide range of solvents, degreasers and other products used by the rail industry. It is also a constituent of diesel exhaust, and is known to cause non-Hodgkin lymphoma in rail workers.
In September the month of September, a jury voted $7.5 million to a railroad employee who was diagnosed with leukemia. The plaintiff was employed by Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for a long time. class action lawsuit against railroads claimed that he did not wear protective equipment while constructing railroad tieways that were immersed in creosote. He also claimed to have been exposed to degreasing agents and led. He had myelodysplastic Syndrome (MDS) which later progressed into acute myeloid Leukemia.
Website: https://sites.google.com/view/railroadcancersettlements
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