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FELA and Railroad Lawsuits

Workers who are exposed to toxic chemicals such as diesel exhaust, coal fumes or asbestos may develop serious illnesses including cancer. A successful FELA claim could award damages that cover medical expenses, loss of income suffering and more.

Union Pacific recently awarded $7.5 Million to one of its railroad workers who was diagnosed with Leukemia. This is just one instance of the justice system standing up for the victims.

Benzene

Railroad workers are often exposed to dangerous substances and chemical solvents like benzene. Benzene, a liquid that is highly evaporative is absorbed through the skin or inhaled. It has been linked with several medical conditions like cancer and blood-related cancers like leukemia and lymphoma, and bone-marrow diseases. It can also be a cancer-causing agent and a constituent in coal tar creosote which is used to protect railroad ties from sunlight, heat and rain.

A former railroad worker claimed that his exposure to benzene from working with coal tar creosote on railroad ties led to Myelodysplastic Syndrome (MDS), that progressed to Acute Myeloid Leukemia. A jury gave him $7.5 million last September.

Non-Hodgkin's lymphoma lawsuit who have been diagnosed with cancer or other chronic illnesses resulting from exposure to benzene, asbestos radioactive substances and other harmful chemicals are able to submit a claim for compensation under FELA. The time limit for filing a claim can vary based on the type and severity of the cancer or disease. It is important to consult with an experienced attorney as soon as you can.

A railroad lawyer at Shaw Cowart can help you determine whether your case is eligible for a FELA claim. We offer free consultations, and we're familiar with FELA and railroad workplaces.

Asbestos

Our attorneys have represented railroad workers who contracted lung cancer, as well as other health issues due to asbestos exposure. They were often employed in areas like repair shops, engine rooms and yards or on rail cars with derailments or on track equipment that had deteriorating asbestos insulation. This type of asbestos is extremely dangerous because, when it gets deteriorated tiny fibers are released into air. The fibers are breathed in by railway workers and may cause mesothelioma and lung cancer, asbestosis and the pleural plaque.

In addition to asbestos, railroad workers are also at high risk for developing lung disease due to diesel exhaust and exposure to other workplace toxics such as solvents, welding fumes and silica sand. These fumes can cause damage to the kidneys, lungs and gastrointestinal tract. These injuries are often identified after years of exposure and can result in a variety of serious and debilitating medical issues.

Recent cases against Conrail illustrates the risks that come with this type of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail in the case of an ex-railway worker who died from mesothelioma. The jury awarded damages to compensate for the pain and suffering, companionship loss, future medical expenses and other losses. This case illustrates the importance of working closely with an experienced lawyer who can quickly assess whether a FELA claims is warranted.

Radioactive Substances

Railroad workers exposed to radioactive substances are at risk of developing certain types of cancers as well as other serious diseases. These substances are often hidden in the materials railroads use to clean tracks and other rail yards. Leukemia lawsuit are often difficult to identify unless the railroad company is actively screening them for alpha or Gamma radiation. If a railroad employee is diagnosed with cancer or another illness due to exposure to carcinogenic substances while on the job, they can submit an FELA claim and receive compensation from their former employer.

Studies have shown that railroad workers are more likely to develop different types of cancers than other people. They are constantly exposed to the toxins that can cause lung cancer. These include asbestos and sand (silica) and welding fumes, or diesel fumes.

Railroad workers who have been diagnosed with cancer as the result of exposure on the job should speak to an attorney from the railroad as soon as is possible. They can help them determine whether they have a case against the former employer and pursue the appropriate lawsuits, that are based on FELA. These claims may include reimbursement for medical expenses, income loss, and discomfort and pain. In addition, they could compensate for the loss of a loved one's life in a wrongful death case. An experienced railroad attorney can assist victims in obtaining the maximum amount of the damages they are entitled to under FELA.

FELA

Railroad workers such as engineers, conductors, and members of train crews are often in dangerous environments that can harm lungs without even realizing it. If a former railroad worker has been diagnosed with an illness such as lung cancer or another condition which could be linked to their job and work, they could be eligible to file for compensation under the Federal Employers Liability Act (FELA).

Contrary to claims for workers' compensation, FELA allows injured railroad employees and families of deceased employees to sue for damages including past and future emotional suffering and medical expenses. An attorney who is familiar with the rules under FELA could provide you with options to file.


In order to prevail in a FELA claim, you must prove that your employer was negligent. The definition of negligence can be as simple as breaking a rule or law or failing to meet an acceptable standard of care, and many more. A skilled FELA lawyer can evaluate your case to determine whether negligence by the railroad played a role in causing your illness.

Many different lung diseases and illnesses can be attributed to exposures from railroads. If you were exposed during your career as a railroad worker to diesel exhaust or other toxins like creosote and asbestos or creosote, a mesothelioma lawyer will assist you in filing an application for compensation under the FELA. The FELA cases handled by Hughes Law Offices have resulted in a variety of settlements and verdicts.

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