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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 employees, the right to sue their employer in the event that they develop cancer, or another chronic illness because of exposure to benzene fumes diesel fumes, or other carcinogens. Call today for a free consultation from an experienced railroad lawyer.
FELA Lawsuits
Every day railroads transport passengers, goods and services throughout the nation. It takes a significant number of railroad workers to operate and manage these massive systems. mesothelioma lung cancer lawsuit of a railroad worker is extremely risky, despite the technological advancements. The Federal Employers Liability Act was adopted to protect railroad workers injured.
Unlike workers' comp which is a no-fault system, claimants must prove that their railroad employer was negligent to get a payment under FELA. This is usually accomplished by showing that the railroad's actions violated any federal law, like the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is typically easier to prove in FELA lawsuits than in other personal injury or workers' comp cases. This is due to the concept of comparative negligence which permits workers to recover damages regardless of whether their actions caused their injuries.
Shaw Cowart's lawyers have extensive experience in FELA claims and know how to look into evidence in these cases. It is essential to retain a lawyer as quickly as you can after your injury, as the time frame for filing a FELA claims is limited. This allows us to gather statements as well as documents, records, and other evidence prior to it disappearing. Contact us for a individual consultation with an attorney who has experience in railroad litigation today.
Exposure to carcinogens
Railroad workers are at risk of contracting a variety of illnesses due to exposure to toxic chemicals. Railroad workers are exposed for a long time to diesel fumes, welding fumes, and welding fumes. They also are exposed to asbestos, lead silica, creosote and creosote. In turn, these chemicals can cause cancer and other ailments in railroad employees. If a former or current railroad employee develops an illness which is directly linked to the chemicals they were exposed to during their work they could be able to make an FELA lawsuit.
Numerous studies have found railroad workers to be more susceptible to developing cancer than other jobs. Some of the most prevalent kinds of cancers found in railroad workers include throat, esophageal, lung cancers as well as basal cell carcinomas that affect the neck and head.
Benzene is among the most common carcinogens to which railroad workers are exposed. The smell of benzene is sweet and is a colorless, odorless gas. It was banned more than 20 years ago in the United States, but it remains in crude oil and diesel exhaust. It is also an ingredient in degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. The lawsuit alleges that the railroad and city contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived just a few blocks from the creosote treatment site and the railyard.
Signs and symptoms of Cancer
Railroad transportation is essential to the American economy. Every year, America's railroads transport 30 million people and 1.6 billion tons of freight, which includes food and lumber, crude oil, grain, automobiles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a wide range of hazardous materials and are prone to developing diseases like cancer as a result. A FELA injury attorney could assist you in filing a claim against your employer.
For instance, a former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, which is a skin cancer. He claims that exposure to sunlight and creosote coated railroad ties between the years 1968 and 2009 caused the condition. He also claims he did not have the proper safety equipment to protect oneself from workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work at the Union Pacific track yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in 2016. The mass was later discovered to be malignant when doctors removed it. The cancer has been able to spread to her lymph nodes, lungs the liver, and esophagus.
The Houston mayor has contacted the Biden administration to seek penalties and orders for the cleanup of a Union Pacific site in his city. The site was used from the 1980s to store wooden railroad ties which were treated with creosote an organic mixture of coal tar and other toxic chemicals. In a report released by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers, and rheumatoid arthritis.
Symptoms of other diseases
Railroad workers are at risk of numerous 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 the right to compensation if their employer violates the law. Chaffin Luhana is dedicated to ensuring that victims receive full amount of compensation they deserve.
Research has shown that those working in the railroad industry are more likely to develop different forms of cancer. Whether the workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. For instance the study found that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. Benzene is a different chemical that has been linked to cancer in railroad workers. It is present in a wide range of solvents, degreasers and other products used in the railway industry. It is also a component of diesel exhaust and is believed to cause non-Hodgkin lymphoma among rail workers.
In September, a jury awarded $7.5 million to a railroad employee who was diagnosed with leukemia. The plaintiff worked at Chicago and North Western Railroad and then Union Pacific Railroad Company for many years. He claimed that he didn't wear protective equipment when installing railroad ties soaked with creosote. He also claimed that he had been exposed to lead and degreasing agents. He was diagnosed with myelodysplastic Syndrome (MDS), which eventually progressed into acute myeloid Leukemia.
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