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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 who are currently employed, the right of suing their employer if they suffer from cancer, or any other chronic illness, due to exposure to benzene fumes, diesel fumes, and other carcinogens. Call for a free consultation with a knowledgeable railroad attorney today.

FELA Lawsuits

Every day railroads transport passengers, products, and services across the nation. It takes a large number of railroad workers in order to operate and manage these massive systems. The job of a railway worker is extremely dangerous, despite technological advancements. That's why the Federal Employers Liability Act (FELA) was passed to protect railroad workers injured.

In contrast to workers' comp which is a no-fault insurance system 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 actions violated a federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.

Negligence is typically easier to prove in FELA lawsuits than in other types of personal injury or workers' comp cases. This is due to the concept of comparative negligence, which allows workers to recover damages regardless of whether their actions caused their injuries.

The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to investigate the evidence in these cases. It is essential to engage a lawyer as soon as you can following your injury, as the deadline for filing an FELA claim is very short. This allows us to gather statements as well as documents, records, and other evidence before it disappears. Contact us to set up one-on-one meetings with an attorney who is experienced in railroad litigation today.

Exposure to carcinogens

Railroad workers are at danger of contracting many of diseases from exposure to toxic chemicals and toxins while on the job. For many years, railroad workers have been exposed to diesel fumes, asbestos, lead silica, creosote and other. In Pancreatic cancer lawsuit , these chemicals can cause cancer and other ailments in railroad workers. When a former or current railroad employee develops a disease which is directly linked to the chemicals they were exposed to during their work they could be able to file an FELA lawsuit.

Numerous studies have proven that railroad employees tend to suffer from a higher rate of cancer than people in other occupations. Some of the most common cancers among railroad employees include lung, esophageal, as well as throat cancers, as well as basal-cell cancers of the head and neck.

Benzene is one of the most common carcinogens to which railroad workers are exposed. It has a pleasant smell and is an odorless and colorless gas. It was banned more than 20 year ago in the United States, but it is still present in diesel and crude oil exhaust. It is also a component in certain solvents and degreasers. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew was diagnosed with leukemia. The lawsuit alleges that the city and railroad have contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived just a few blocks away from the rail yard as well as the creosote treatment sites.

Symptoms of Cancer

Railroad transportation is critical to the American economy. The railroads in America transport 30 million passengers per year and 1.6 billion tonnes of freight. This includes food, lumber and crude oil, grains as in addition to vehicles, chemicals and metal ore. A FELA injury lawyer could assist you in filing an action against your employer.

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

LaTonya Paige, another plaintiff, claims that her breast cancer was triggered by her job at an Union Pacific rail yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in the year 2016. The lump was discovered to be malignant after doctors removed it. The cancer has been spreading from her lymph nodes to her lungs, liver, and esophagus.

The Houston mayor contacted the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used for storage of railroad tie made from wood treated with coal tar as well as other toxic chemical compounds until the 1980s. In a study released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas as well as rheumatoid arthritis.

Signs of other illnesses

Railroad workers face a myriad of health risks, particularly those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway employees the right to seek compensation if their employer is in violation of the law. Chaffin Luhana is dedicated to ensuring that victims receive the full compensation they deserve.

Studies have shown that people working in the railroad industry are more likely to develop various forms of cancer. Whether the workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. Non-Hodgkin's lymphoma lawsuit found that railroad workers exposed to diesel exhaust had a higher risk of lung cancer. Another chemical that has been linked to cancer in railroad workers is benzene, which is a component of many solvents and degreasers employed by railroad companies. It is also a constituent of diesel exhaust and is believed to cause non-Hodgkin lymphoma in rail workers.

In cancer lawsuits , a jury awarded $7.5 million to a railroad worker who developed leukemia. The plaintiff was employed by Chicago and North Western Railroad, then for Union Pacific Railroad Company, for a long time. He claimed that he was not required to wear protective equipment when putting in railroad ties soaked with creosote. He also claimed to have been exposed to degreasing agents and lead. He suffered from myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.


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