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Railroad Settlement Leukemia
Railroad workers transport 30 million people and transport 1.6 billion tonnes of freight each year. In many cases, these workers are exposed to harmful chemicals that can cause serious health issues and life-threatening diseases such as cancer.
A lawyer for railyard cancer can assist injured workers in filing an action for compensation under the Federal Employers Liability Act. FELA allows former and current railroad workers to claim compensation from their employers for negligence that caused cancer or other health issues.
FELA
The Federal Employers Liability Act (FELA) is a statute that permits railroad employees and their families to sue their employers if they are injured while working. In contrast to workers' compensation, which is not based on fault and does not require the employee to prove negligence of the employer, FELA claims are based on the assumption that railroad companies are required to provide their employees with safe working conditions and to train their employees to be safe at work.
This includes ensuring proper training, property maintenance, tools and safe equipment. If the railroad does not adhere to this obligation employees could be exposed to carcinogenic and hazardous substances that can cause serious injuries or illnesses. Railroad workers injured and their families, can seek damages for lost wages, medical expenses in the future, emotional stress as well as pain and loss.
Railroad exposure can result in a number of ailments and injuries, such as mesothelioma, leukemia (multiple myeloma) lung cancer and mesothelioma. Additionally, many railroad workers have been affected by occupational diseases which can worsen existing conditions like fibromyalgia and spinal injuries.
The exposure to hazardous chemicals on a daily basis caused by railroad companies has caused harm to countless families. New York railroad injury attorneys help injured workers and loved ones file FELA claim to receive financial compensation for medical expenses and other expenses. This kind of compensation is not able to reverse the damage, but it can help alleviate fears for the future and offer a amount of justice.
Statute of Limitations
Railroad employees who have been diagnosed with kidney disease, cancer or other ailments because of their exposure to toxic chemicals or fumes should seek the advice of a skilled railroad lawyer immediately. Federal law provides these workers with the right to compensation even if they contract the illness in the years or decades following their last railroad employment.
James Brown, a railroad worker, was awarded $7.5M in damages for developing acute myeloid lymphoma (AML) after exposure to chemicals while working at Chicago & North Western Railway Co. and Union Pacific Railroad Co., respectively, for a period of 18 and 13 years. Brown's responsibilities included putting in rail tie, washing equipment, and cleaning rail ties. He was required to wear dirty clothes that allowed chemicals like creosote, to get into his body.
The FELA statutes of limitations applicable to these cases are governed by the discovery rule. This rule states that the clock begins only if the railroad worker is aware or should have reasonable knowledge that the illness is work-related. This is a good reason why railroad employees should contact an experienced railroad cancer lawyer as soon as they can.
In addition to a possible settlement by railroad for leukemia, the victims may claim compensation for past and future lost wages and medical expenses that insurance will not cover such as pain and suffering, and loss of consortium. A mesothelioma attorney can offer an informal consultation to examine the case.
Pre-existing Conditions
Each year railroads transport 30 million people and 1.6 billion tons of freight. This includes cars, trucks, chemicals, grains automobiles, wood products metal ore, food, lumber, and other products. However, railroad workers are also exposed to a myriad of carcinogens and chemicals which can put them at risk for life-changing diseases such as leukemia.
Over the years, workers on rails have been exposed to harmful materials such as asbestos, creosote, diesel exhaust, and benzene. Many of them worked in factories where diesel-powered locomotives, forklifts and cranes were constantly running which caused smoke to be released into the work spaces. Workers also immersed rags in cleaners containing benzene for cleaning the equipment and parts.
These exposures place railroad workers at a greater risk of developing lung conditions such as COPD which could cause strokes, heart attacks and cancer. Smoking cigarettes can also exacerbate respiratory ailments and make a person more susceptible to lung cancer.
If you suffer from a pre-existing illness, it's essential to be upfront with your lawyer. Insurance companies will inquire about your medical history. If you conceal or deny details, it could affect the amount you get as a settlement. If you are honest with your lawyer and your lawyer, you'll be able answer all of their questions with ease and avoid them from discovering any information that may hurt your case in the future.
Attorney Fees
Railroad workers are exposed to many carcinogens during the worksite, including benzene creosote and asbestos. These workers can seek compensation if are diagnosed with cancer or any other serious disease. This is a legal process under the Federal Employers Liability Act. The amount of a leukemia settlement by railroad will vary based on several factors such as the duration of time the employee was exposed. A FELA cancer lawyer who is experienced can help an employee of a railroad determine the value of their claim and negotiate with insurance companies in order to obtain fair compensation.
In one case our railroad cancer lawyers successfully represented an railroad client in an FELA suit that claimed exposure to diesel exhaust and toxic chemicals resulted in oropharynx cancer in the plaintiff. The court granted summary judgement and concluded that the statute had expired prior to the plaintiff's diagnoses and that his claims were barred due a prior release agreement.
If you've been diagnosed with a railroad cancer or have any other health issues resulting from the work environment, contact us now to set up an appointment with a lawyer free of charge. We will review medical documents and other records in order to determine the value of a railroad settlement leukemia settlement. We can also discuss your eligibility to receive other types of compensation, such as future and past loss of wages or medical expenses that are not covered by health insurance.
Read More: https://sites.google.com/view/railroadcancersettlements
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