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FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act (FELA) provides current, past and retired railroad employees the right to file a lawsuit against their employer when they develop cancer or suffer from another chronic illness because of exposure to benzene or creosote, carcinogens like diesel fumes, and other. Contact us for a no-cost consultation with a knowledgeable railroad attorney today.

FELA Lawsuits

Every day, railroads transport people, goods, and services across the country. It takes a large number of railroad workers to operate and manage these massive systems. Despite advances in technology the job of a railroad worker remains extremely risky. The Federal Employers Liability Act was adopted to protect railroad workers who are injured.

In contrast to workers' compensation that is a system that does not have fault, claimants must prove that their railroad employer was negligent in order to be eligible for payment under FELA. This is usually accomplished by showing that the railroad violated a federal standard such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.

In FELA cases it is simpler to prove negligence than other personal injury lawsuits. This is due to the relative fault criterion, which permits workers to be awarded damages even if they contributed to their injuries.

The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to evaluate the evidence in these cases. Because lung cancer mesothelioma lawsuit to file an FELA claim is very limited and therefore, it is essential to seek out an attorney immediately following your injury. BNSF Railway lawsuit will allow us to collect statements, documents, records and other evidence prior to it disappearing. Contact us today for a a consultation with a railroad litigation attorney.

Exposure to carcinogens

Railroad workers are at risk of contracting a variety of ailments due to exposure toxic chemicals and toxins working. For a long time, railroad workers have been exposed to welding fumes, diesel fumes, lead, asbestos, silica and creosote. These chemicals can cause cancer or other diseases among railroad workers. If a former or current railroad employee suffers from an illness that is directly linked to the chemicals that they were exposed to at work they could be eligible to submit an FELA suit.

Numerous studies have revealed railroad workers to be more likely to develop cancer than other professions. The most frequent types of cancers that occur in railroad workers include throat, esophageal, lung cancers as well as basal cell carcinomas on the neck and head.

Benzene is one of the most prevalent carcinogens to which railroad workers are exposed. The gas is colorless and with a pleasant odor. It was banned in the United States more than 20 years ago, but it is present in crude oil, gasoline and diesel exhaust. It is also a component in certain solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. The lawsuit alleges that the city and railroad affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived a few blocks away from the creosote-treatment facility and railyard.

Cancer Symptoms

Railroad transportation is crucial to the American economy. The railroads in America transport 30 million people each year and 1.6 billion tonnes of freight. This includes food, lumber and crude grain, oil as well as cars chemical and metal ore. union pacific railroad lawsuits could assist you in filing a lawsuit against your employer.

One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, a kind of skin cancer. He claims that exposure to sunlight and creosote infused railroad ties between 1968 and 2009 caused the condition. He also claims he did not receive the necessary safety equipment to protect oneself from his workplace hazards.

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

The Houston mayor has requested the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used up to the 1980s to store railroad ties made of wood that were treated with creosote, an organic mixture of coal tar and other toxic chemicals. A study released in January by Texas health officials linked the area to clusters of acute myeloid leukemia bladder, lung, colon and rectal cancers, and rheumatoid arthritis.

The symptoms of other illnesses

Railroad workers are at risk of developing serious health problems, particularly those who are exposed to chemicals every day. The Federal Employers Liability Act gives railway workers the right to seek compensation if their employer is in violation of the law. Chaffin Luhana is committed to ensuring these victims receive the full amount of compensation they are entitled to.

According to studies, workers who work in the railroad industry are more prone to developing cancer. Whether the workers are inside locomotives or working in yards, they are usually exposed to harmful chemicals. For instance an investigation has shown that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene, which is a component of many degreasers and solvents used by railroad companies. It is also found in diesel exhaust and has been proven to cause non Hodgkin lymphoma among rail workers.

In September the month of September, a jury awarded $7.5 million to a railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and then Union Pacific Railroad Company for many years. He claimed that he did not wear protective equipment while installing railroad ties soaked with creosote. He also alleged that he was exposed degreasing solvents, as well as lead. He was diagnosed with myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.


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