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A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you have been diagnosed with cancer and believe your exposure to these chemicals while working caused it, you may be entitled to compensation.
The FELA law allows railroad workers to sue their employers for negligence. Contact a dedicated railroad lawsuit acute myeloidleukemia lawyer for more details.
Benzene Exposure
Benzene, a colorless toxic gas is a cancer-causing gas when exposed to it for a long time. It is produced by the environment and also by the emission of gas and tobacco smoke. The skin also absorbs benzene. A railroad worker who has developed cancer as a result of exposure to benzene might be eligible for financial compensation from their employer.
In one instance, the widow of a railroad employee who died was awarded $1,000,000 by the company which employed her husband. Her late husband was a pumpman on different tankers during the 1970s and 80s. He was often exposed to benzene's toxic fumes. After he died from acute myeloidleukemia, in the year 1995 His wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid tumor is a cancer which spreads rapidly and can be fatal within several months after diagnosis if it isn't treated. Most commonly, it is treated by chemotherapy. However, in a few cases, targeted therapy and radiation might be employed.
We obtained defense verdicts for an industry class 1 railroad in two cases where plaintiffs claimed injury to their brains caused by solvent exposure during their 23-year career on the rails. The defense offered expert testimony from a medical expert on causation, industrial hygiene, and the jury concluded that the railroad workplace was fairly safe.
Leukemia lawsuit is a mixture comprised of hundreds of chemicals that are used to preserve wood such as railroad ties. It contains several known carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote are absorbed through the surface of the skin, or ingested by drinking water that has been affected by this chemical. PAHs can also be absorbed into the lungs, where they could cause lung cancer.
Creosote inhalation can cause a range of symptoms such as irritation to the respiratory tract, eye problems nausea and vomiting. It can cause third and second degree burns to the skin. The coal tar creosote chemical is made up of PAH compounds, including naphthalene as well as other carcinogenic compounds like Acenaphthene.
Creosote-related exposure can be detrimental to the health of employees as well as their families. For example, some workers have developed papular basal cell carcinomas which are common skin cancers that may spread to other parts of the body. Others have been affected by chronic esophageal ulcers, bronchitis and fibrosis of the lungs and liver.
A lot of times, the railroad industry isn't able communicate effectively with employees about the dangers of long term exposure to toxic substances. It is not uncommon for railroad workers to leave diesel locomotives, cranes, or forklifts running while working. Diesel exhaust from these engines could be inhaled and ingested. Bladder cancer lawsuit dip rags into solvents that contain benzene for cleaning machines and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or another chronic illness because of exposure to toxic chemicals like benzene and creosote may be entitled to compensation for medical expenses and other damages. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) for damages in the form of money.
Many health issues resulting from occupational exposure to carcinogenic chemicals such as diesel fumes, asbestos and silica do not appear until a person is older. Thus the statute of limitation in the majority of cases is only for three years from the point an individual is first diagnosed with the disease. This is why it is important that potential victims get in touch with an experienced attorney for railroad accidents as soon as they can after being diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railway employee who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff claimed the company was in violation of FELA for not providing their employees with the required safety equipment and education.
The jury awarded the plaintiff $7.5 million in damages after finding the cause of his cancer was directly connected to his job on the Chicago & North Western Railroad. The man was exposed to various toxic chemicals like benzene creosote, as well as degreasing solvents while working for the company.
FELA
When a former railroad worker is diagnosed with cancer resulting from exposure to toxic chemicals on the job, they may file a claim under the Federal Employers Liability Act, or FELA. Contrary to workers' compensation statutes that provide victims with medical expenses and some lost wages, FELA is a fault-based law that requires proof that the railroad employer did not adequately protect its employees from the dangers of chemical exposures.
Railroad companies are often involved in FELA lawsuits that involve occupational diseases. Defense attorneys often claim that the former employee isn't able to pinpoint specific instances of health problems. They also point to the absence of official test results indicating the presence of toxins or carcinogens in equipment or parts used by the railway company.
A successful FELA claim is compensated for past and future physical pain and suffering and loss of enjoyment life, psychological distress and other related damages. If the victim dies as a result or a result of the accident, the family is able to pursue wrongful-death claims to claim compensation.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers get the financial help they require. Contact Leukemia lawsuit for a free consultation. We represent railroad workers across the nation including New York City, Boston and Hartford, St. Louis and Denver among others.
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