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Why You Should Focus On The Improvement Of Railroad Lawsuit Laryngeal Cancer
FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act gives railroad workers, current and former and former employees the right to sue their employer if they develop cancer, or any other chronic illness as a result of exposure to benzene fumes, diesel fumes, or other carcinogens. Call today to schedule a consultation with a knowledgeable railroad lawyer today.

FELA Lawsuits

Railroads transport goods, services, and people across the country each day. It takes a significant number of railroad workers to operate and manage these huge systems. Despite advancements in technology, the work of a railway worker remains extremely risky. As such, the Federal Employers Liability Act (FELA) was enacted to safeguard railroad workers who have been injured.

Contrary to workers' compensation which is a no-fault program the claimants who are covered under FELA must demonstrate that their railroad's employer was negligent to receive a payment. This is typically accomplished by proving that the railroad violated any federal law, like the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.

Negligence is generally easier to prove in FELA lawsuits than in other personal injury claims or workers compensation cases. This is due to the pure comparative negligence criterion which allows plaintiffs to seek damages regardless of whether their actions caused their injuries.

Shaw Cowart's attorneys have extensive experience in FELA claims and are able to look into evidence in these cases. Since the time for filing a FELA claim is very limited so it is crucial to get an attorney on the case as soon as possible after your injury. This allows us to gather statements, documents, records, and other evidence. Contact us to schedule individual consultation with an attorney who has experience in railroad litigation today.

Exposure to Carcinogens

Railroad workers are at risk of contracting diseases as a result of exposure toxic chemicals. For many years, railroad workers have been exposed to diesel fumes,, asbestos, silica and creosote. These chemicals can cause cancer and other ailments among railroad employees. If a current or former railroad employee suffers from an illness that is directly attributed to the chemicals they were exposed to while working, they may be eligible to make an FELA lawsuit.

Numerous studies have proven that railroad employees tend to suffer from a higher incidence of cancer than those working in other jobs. Some of the most common kinds of cancers that are seen in railroad workers are throat, esophageal, lung cancer as well as basal cell carcinomas that affect the head and neck.

One of the most frequent carcinogens that railroad workers are exposed is benzene. It has a pleasant smell and is a colorless, odorless gas. It was banned in the United States more than 20 years ago, yet it is present in crude oil, gasoline and diesel exhaust. It is also a component in some degreasers and solvents. Latonya Paige is suing BNSF and the City of Houston and Texas following the death of her nephew from leukemia. The lawsuit alleges that the city and railroad affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived just two blocks away from the railyard and creosote-treatment site.

The signs of Cancer

Railroad transportation is vital to the American economy. The railroads in America transport 30 million passengers per year and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as in addition to vehicles, chemicals and metal ore. A FELA injury lawyer can help you file a lawsuit against your employer.

For mesothelioma lawsuit , a 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 sunlight and creosote-coated railroad ties from 1968 until 2009 contributed to the condition. He also complains that his workplace was not equipped with the appropriate safety equipment to protect him from his workplace hazards.

Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work at the Union Pacific track yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in 2016. The lump was later found to be malignant when doctors removed it. The cancer has spread to her lymph nodes, lungs, the liver, and esophagus.

The Houston mayor has asked the Biden administration to seek penalties and orders for the cleanup of a Union Pacific site in his city. The site was used up to the 1980s to store wooden railroad ties which were treated with creosote which is a chemical blend of coal tar and other poisonous chemicals. A study released in January by Texas health officials linked the area to clusters of acute myeloidleukemia, lung, bladder, colon and rectal cancers, as also rheumatoid arthritis.


The symptoms of other Diseases

Railroad workers are at risk of serious health issues, particularly in the event that they are exposed chemicals every day. The Federal Employers Liability Act allows railway workers to seek compensation when their employer violates the law. Chaffin Luhana is committed to ensuring that these victims receive the full amount of compensation they are entitled to.

Studies have revealed that workers in the railway industry are more likely to develop various types of cancer. If the workers are working in locomotives or working in yards, they are often exposed to harmful chemicals. For instance, a study shows that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical, Benzene, has been associated with cancer among railroad workers. It is found in many degreasers, solvents and other products used in the railroad industry. It is also present in diesel exhaust and is believed to cause non Hodgkin lymphoma in railway workers.

In September an indictment, a jury handed $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff was employed by Chicago and North Western Railroad and later for Union Pacific Railroad Company, for decades. He claimed he worked without protective equipment while constructing railroad tieways that were immersed in creosote. He also claimed that he was exposed degreasing solvents, as well as lead. He was diagnosed with myelodysplastic Disorder (MDS) which eventually progressed into acute myeloid Leukemia.

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