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How To Save Money On Railroad Lawsuit Esophageal Cancer
A Railroad Lawsuit For Acute Myeloid Leukemia

Railroad workers frequently have prolonged exposure to carcinogenic chemical and substances like asbestos, benzene and creosote. If you believe that exposure to these chemicals during work led to your cancer, you may be entitled compensation.

The FELA allows railroad workers to sue for negligence. For more information, contact an acute myeloid railroad lawsuit lawyer.

Benzene Exposure

The colorless, toxic gas that can cause cancer in individuals who are exposed over long periods of time. It is produced in the environment and also through the release of gas and tobacco smoke. The human body is also able to absorb benzene through the skin. Railroad workers who have suffered from cancer as a result of exposure to benzene may be eligible to sue their employer for monetary compensation.

In one case a railroad worker who died widow was awarded damages of $1,500,000 from the company that employed him. Her husband was a pumpman on different tankers in the 1970s and 1980s. He was often exposed to toxic benzene. After his death from acute myeloidleukemia in 1995 his wife filed a claim for wrongful death against the vessel's owner.

Acute myeloidleukemia is an aggressive type of cancer that can be fatal within one or two months if treated immediately. The majority of the time, it is treated by chemotherapy. However, in some cases, targeted therapies and radiation could be utilized.

We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed to have suffered injury to their brains due to solvent-induced exposure over their 23-year tenure on the railways. The defense provided expert testimony by a medical expert regarding causation, industrial hygiene, and the jury ruled that the railroad workplace was fairly safe.

Creosote Exposure

It is a mixture made up of hundreds of chemicals that are used to preserve wood, such as railroad ties. It is a mixture of known carcinogens that include polycyclic aromatic hydrocarbons (PAHs). The PAHs found in creosote are absorption through the surface of the skin, or ingested by drinking water that has been contaminated with this chemical. PAHs can be absorbed into lung where they can cause lung cancer.

Inhalation exposure to creosote can trigger a variety of symptoms such as irritation to the respiratory tract, eye problems and nausea and vomiting. It can also cause skin burns of the second and third degree. The coal tar creosote chemical is made up of PAH compounds, including naphthalene as well as other carcinogenic compounds like acenaphthene.

Creosote exposure could affect the health of workers as well as their families. For instance, some employees have developed basal cell carcinomas of the papular papule which are common skin cancers that may spread to other parts of the body. Other sufferers have had chronic esophageal ulcers, bronchitis and fibrosis of the liver and lungs.

The railroad industry often isn't able to adequately inform employees on the dangers of a long-term exposure to toxic substances. For instance, it is not uncommon for railroad workers to abandon diesel-powered locomotives, forklifts and cranes in operation during their work. These engines generate large amounts of diesel exhaust, which can be ingested or inhaled through the lungs. They also soak rags in benzene containing solvents to clean machinery and tools.


Worker's Compensation

Railroad workers who contract cancer or develop another chronic disease because of exposure to toxic chemicals such as benzene or Creosote may be eligible for reimbursement for medical expenses and other losses. A New York railroad cancer attorney could assist those seeking claims for damages in the form of money under the Federal Employers Liability Act, or FELA.

Many illnesses that are triggered by exposure to carcinogenic substances in the workplace such as diesel fumes, asbestos and silica, do not develop until a worker is older. Thus, lung cancer lawsuit from smoking of limitations in the majority of cases is only for three years from the time the person is first diagnosed with the disease. It is therefore crucial that potential victims speak with an attorney who handles railroad injuries as quickly as possible after being diagnosed.

In a recent case, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railway employee who was diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff claimed the company violated FELA in failing to provide employees with the appropriate safety equipment and training.

The jury gave the plaintiff $7.5 million in damages after finding his cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals, including creosote, benzene and other degreasing agents.

FELA

Former railroad employees who are diagnosed with cancer resulting from toxic exposures at work may be eligible to claim compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which cover medical expenses as well as lost wages to those suffering, FELA is a statute based on fault that requires proof of the railroad employer not protecting their employees from the dangers posed by chemical exposures.

Railroad companies are often involved in fighting FELA claims involving occupational illness. Defense lawyers typically claim that the former employee isn't able to pinpoint specific instances of health issues. They are also critical of tests conducted by the government that prove the presence of carcinogens and toxic substances in the equipment or parts that are used by the railway.

A successful FELA claim is the compensation for future and past physical suffering and pain and loss of enjoyment life, psychological distress and other damages. If the victim dies as a result of their injuries the wrongful death claim can be pursued to recover the compensation of the deceased's family members.

We collaborate with FELA attorneys to assist railroad employees injured by injuries get the financial help they require. Contact us for an evaluation of your case at no cost. We represent railroad workers throughout the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.

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