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FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both old and new and former employees the right to sue their employer if they develop cancer or another chronic disease caused by exposure to benzene fumes diesel fumes and other carcinogens. Call for a free consultation with an experienced railroad lawyer today.
FELA Lawsuits
Railroads transport goods, services, and people throughout the country every day. These massive infrastructures require a huge number of railroad workers to manage and operate. The work of a railroad worker is extremely risky, despite technological advancements. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.
Unlike workers' comp which is a system that does not have fault claims, the claimant must show that their railroad employer was negligent in order to receive payment under FELA. Generally, this is done by proving that the railroad's conduct violated a federal norm, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is usually easier to prove in FELA lawsuits than it is in other types of personal injury or workers' comp cases. This is due to the pure comparative fault criterion which allows workers to be awarded damages even if they contributed to their injuries.
Shaw Cowart's attorneys have extensive experience in FELA claims and know how to investigate evidence in these cases. Since the time for filing a FELA claim is limited It is essential to find an attorney as soon as you can after your injury. This allows us to collect statements, documents, records and other evidence. Contact us today for a an appointment with an attorney who handles railroad litigation.
Exposure to carcinogens
Railroad workers are at possibility of contracting a variety of illnesses due to exposure to toxic chemicals and toxins while on the job. For a long time, railway workers have been exposed to welding fumes, diesel fumes, lead, asbestos silica, creosote, and silica. In turn, these chemicals can cause cancer and other ailments among railroad workers. If a former or current railroad employee has an illness directly related to the chemicals that they were exposed to during their work and is able to make an FELA suit.
Numerous studies have revealed that railroad employees tend to suffer from a higher rate of cancer than people in other jobs. Some of the most prevalent kinds of cancers that are seen in railroad workers include throat, esophageal, lung cancers as well as basal cell carcinomas on the head and neck.
Benzene is among the most commonly used carcinogens to which railroad workers are exposed. It is a colorless gas that has a sweet odor. Interstitial lung disease lawsuit was banned over 20 year ago in the United States, but it can still be found in diesel and crude oil exhaust. It is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. The suit claims that the railroad and city contaminated the area with toxic chemicals that came from the rail yard. Giles lived just a few blocks away from the rail yard and creosote treatment facilities.
Cancer symptoms
Railroad transportation is essential to the American economy. Each year, America's railways carry 30 million passengers as well as 1.6 billion tons of freight, which includes food timber 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 hazardous materials and are prone to developing diseases like cancer as a result. A FELA injury lawyer can help you file an action against your employer.
For instance, a former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that his exposure to sun light and creosote coated railroad ties between 1968 and 2009 caused the condition. He also claims he did not have the proper protection equipment to shield himself from workplace hazards.
Lymphoma lawsuit , a third plaintiff, claims that her breast cancer was triggered by her job at a Union Pacific rail yard. The Houston resident claimed she first noticed the lump in her breast in 2016. The lump was discovered to be malignant after doctors removed it. The cancer has spread to her lymph nodes, lungs the esophagus, and her liver.
The Houston mayor contacted the Biden administration for fines and orders to clean up a Union Pacific site located in his city. The site was used from the 1980s to store wooden railroad ties which were treated with creosote, chemical mix of coal tar and other harmful chemicals. A study released in January by Texas health officials found that the area was associated with clusters of acute myeloid leukemia lung, bladder, colon and rectal cancers as well as the rheumatoid joint.
Symptoms of Other Diseases
Railroad workers are exposed to a variety of health risks, and this is especially true for those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer violates the law. Chaffin Luhana is committed to helping these victims receive the full amount of the compensation they're entitled to.
According to research, those working in the railroad industry are more likely to develop cancer. Workers are exposed to harmful chemicals, whether they work in locomotives or in yards. For example the study found that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. Another chemical, Benzene, has been linked with cancer among railroad workers. It is present in a wide range of solvents, degreasers and other products used by the railway industry. It is also found in diesel exhaust and is believed to cause non Hodgkin lymphoma in rail workers.
In September the month of September, a jury voted $7.5 million to a railroad worker who developed leukemia. The plaintiff worked for Chicago and North Western Railroad, then for Union Pacific Railroad Company, for a long time. He claimed he worked without protective equipment while constructing railroad ties that were soaked in creosote. He also claimed that he had been exposed to degreasing agents and led. He was diagnosed with myelodysplastic syndrome (MDS) that eventually progressed into acute myeloid Leukemia.
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