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FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, previous, and retired railroad workers the right to file a lawsuit against their employer if they develop cancer or a chronic illness from on-the-job exposure to benzene (creosote), benzene diesel fumes and other carcinogens. Contact us today to receive a free consultation from an experienced railroad lawyer.
FELA Lawsuits
Every day railroads transport passengers, products, and services across the nation. It takes a significant number of railroad workers to operate and manage these huge systems. The job of a rail worker is extremely hazardous, despite technological advancements. This is why the Federal Employers Liability Act (FELA) was enacted in order to protect railroad workers who are injured.
In contrast to workers' compensation which is a no-fault insurance system claimants under FELA must prove that their railroad employer was negligent to receive compensation. Usually, this can be accomplished by proving that the railroad's conduct violated a federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
Non-Hodgkin's lymphoma lawsuit is typically easier to prove in FELA lawsuits than in other personal injury or workers' comp cases. This is because of the pure comparative negligence criterion, which allows people to claim damages regardless of whether their actions caused their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and are able to investigate the evidence in these cases. It is crucial to find a lawyer as soon as you can following your injury as the time limit for filing an FELA claims is limited. This will allow us to collect statements or documents, as well as other evidence prior to it disappearing. Contact us today to arrange an appointment with an attorney for railroad litigation.
Exposure to carcinogens
Railroad workers are at risk of contracting various diseases due to exposure to toxic chemicals. Railroad workers have been exposed for a long time to welding fumes and diesel fumes. They are also exposed to asbestos, lead silica, creosote and creosote. These chemicals can cause cancer or other diseases in railroad employees. If a former or present railroad employee suffers from an illness that is directly attributed to the chemicals they were exposed to on the job and is unable to cure it, they could be eligible to file a FELA lawsuit.
Numerous studies have revealed that railroad workers suffer from a higher incidence of cancer than those working in other occupations. Some of the most prevalent kinds of cancers that are seen in railroad workers are throat, esophageal, and lung cancers as well basal cell carcinomas that affect the head and neck.
One of the most commonly used carcinogens railroad workers are exposed is benzene. The gas is colorless and that has a sweet odor. It was banned in the United States more than 20 years ago but is still present in gasoline, 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 city and railroad affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Bladder cancer lawsuit lived just a few blocks from the creosote and rail yard.
Cancer symptoms
Railroad transportation is crucial to the American economy. The railroads in America transport 30 million passengers every year, and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as along with vehicles chemical and metal ore. A FELA injury lawyer could assist you in filing a lawsuit against your employer.
For example, one former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, a skin cancer. He claims that exposure to sun light and creosote coated railroad connections between 1968 and 2009 caused the condition. He also claims that he was not provided with the correct safety equipment to protect him from workplace hazards.
LaTonya Paige, a third plaintiff who claims that her breast cancer was caused by her work at the Union Pacific rail yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in the year 2016. When doctors removed the mass they discovered it was malignant. The cancer has taken over her lymph nodes, lungs, the esophagus and liver.
The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located 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 found that the area was associated with clusters of acute myeloidleukemia, bladder, lung, colon and rectal cancers, as also rheumatoid arthritis.
Signs and symptoms of other Diseases
Railroad workers are at risk of serious health problems, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway employees to seek compensation when their employer breaks the law. Chaffin Luhana is committed to ensuring that victims receive the maximum amount of compensation they are entitled to.
Studies show that workers in the railroad industry are more likely to develop types of cancer. When workers are inside locomotives or working in yards, they are frequently exposed to harmful chemicals. A study showed that railroad workers exposed to diesel exhaust had a greater chance of developing lung cancer. The chemical Benzene has been linked to cancer among railroad workers. It is present in many degreasers, solvents and other products used in the railroad industry. It is also a component in diesel exhaust, and is known to cause non-Hodgkin's lymphoma in railroad workers.
In September an indictment, a jury handed $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff worked for Chicago and North Western Railroad and then Union Pacific Railroad Company for decades. Pancreatic cancer lawsuit claimed that he was not wearing protective equipment while constructing railroad tieways that were soaked with creosote. He also claimed that he had been exposed to degreasing agents and led. He had myelodysplastic Syndrome (MDS) which later developed into acute myeloid leukemia.
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