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A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you've been diagnosed with cancer and believe your exposure to these chemicals while working caused it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact an experienced railroad lawsuit acute myeloid leukemia lawyer for more details.
Benzene Exposure
Benzene is a colorless and poisonous gas that can cause cancer in individuals who are exposed for prolonged periods of time. It is naturally produced in the environment, as well as through the combustion of gas and smoking tobacco. The skin also absorbs the benzene. A railroad worker who developed cancer as a result of exposure to benzene may be eligible for monetary compensation from their employer.
In one instance a railroad employee who died widow was awarded $1,500,000 in damages from the company which employed him. Her husband, who died in 1995, was a pumpman on several tankers in the 1970s and 1980s. He was often exposed to toxic benzene. When he passed away from acute myeloid leukemia in 1995 His wife filed a wrongful death claim against the vessel's owner.
Acute myeloidleukemia is an aggressive cancer that could be fatal within a few months if not treated promptly. The majority of cases, it is treated with chemotherapy. However, in some cases, targeted therapy or radiation may be used.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed to have suffered injury to their brains from solvent-induced exposure over their 23-year tenure on the railroads. The defense presented expert evidence on medical causation, as well as industrial hygiene and the jury determined that the workplace of the railroad was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals used to protect wood, such as railroad ties. It contains a number of known carcinogens, including polycyclic aromatic hydrocarbons (PAHs). Creosote's PAHs are absorption through the skin and can be inhaled through drinking water contaminated with the chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Inhalation of creosote may cause many symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can cause third and second degree burns to the skin. The coal tar creosote compound is made up of PAH compounds, including naphthalene as well as other carcinogenic substances like Acenaphthene.
Creosote-related exposure can cause negative effects on the health of employees as well as their families. Certain workers have developed papular basis cell carcinomas (common occupational skin cancers) which may be spread to other parts of the body. Some have also suffered from chronic bronchitis, esophageal ulcers, and fibrosis of the liver and lungs.
Often, the railroad industry does not adequately inform employees on the dangers of a long-term exposure to toxic substances. It is not unusual for railroad employees to leave diesel locomotives, cranes, or forklifts on the road while they work. They produce large quantities of diesel exhaust, which can be ingested and inhaled through the lung. They also soak rags with benzene solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness because of exposure to toxic chemicals like creosote and benzene could be entitled to compensation for medical expenses and other damages. A New York railroad cancer attorney could assist in pursuing claims for monetary damages under the Federal Employers Liability Act, or FELA.
Many ailments related to exposure to carcinogenic substances in the workplace like diesel fumes, asbestos and silica are not likely to manifest themselves until a worker is older. Therefore the statute of limitations in most cases only runs for three years after someone is first diagnosed with the illness. It is therefore important that victims get in touch with a railroad injury lawyer promptly after being diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff alleged that the company was in violation of FELA by not providing employees with the appropriate safety equipment and training.
The jury gave the plaintiff $7.5 million in damages, after determining that his cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals such as creosote and benzene as well as degreasing agents.
FELA
Former railroad workers who have been diagnosed with cancer because of exposure to toxic substances at work could be able to file a claim for compensation under the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which cover medical expenses as well as loss of wages to the victim, FELA is a statute based on fault that requires evidence of the railroad's employer failing to protect their workers from the dangers posed by chemical exposures.
Railroad companies often fight FELA lawsuits that concern occupational diseases. Defense lawyers typically argue that the former employee isn't able to pinpoint specific instances of health problems. They also point out the absence of official tests that show the presence of carcinogens or toxic substances in the equipment or parts used by the railway.
A successful FELA claim is awarded compensation for past and future physical suffering and pain as well as loss of enjoyment of life, psychological distress, and other damages. If the victim dies due to their injuries, a wrongful death claim could be filed to collect the compensation of the deceased's family members.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to help injured railroad workers get the financial support they need. Contact us to schedule an appointment for a free case assessment. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.
Here's my website: https://writeablog.net/debtmint46/the-3-biggest-disasters-in-railroad-lawsuit-all-history
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