FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past and retired railroad workers the right to file a lawsuit against their employer when they develop cancer or suffer from another chronic illness because of exposure to benzene or creosote, carcinogens, and diesel fumes. Contact us today for a complimentary consultation from an experienced railroad lawyer.
FELA Lawsuits
Every day, railroads transport people, goods, and other services across the country. It requires a lot of railroad employees to operate and manage these huge systems. The job of a railway worker is extremely dangerous, despite technological advances. Therefore, 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 system the claimants who are covered under FELA must demonstrate that their railroad employer was negligent in order to receive payment. Generally, this is achieved through showing that the railroad violated some federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is usually easier to prove in FELA lawsuits than in other personal injury or compensation cases. This is due to the the concept of comparative fault, which allows plaintiffs to claim damages even if they contributed to their injuries.
Shaw Cowart's attorneys have a wealth of experience in FELA claims and know how to investigate the evidence in these cases. Since the time frame for filing an FELA claim is limited It is essential to seek out an attorney immediately following your injury. This allows us time to gather documents, statements, and other evidence. Contact us today for a an appointment with an attorney for railroad litigation.
Exposure to Carcinogens
Railroad workers face the risk of contracting a variety of diseases from exposure to toxic chemicals and toxins on the job. For many years, railroad workers have been exposed to diesel fumes and asbestos, lead, silica and creosote. In turn, these chemicals can cause cancer and other illnesses in railroad workers. When a former or current railroad worker develops a condition which is directly linked to the chemicals they were exposed to during their work and is unable to cure it, they could be eligible to file an FELA lawsuit.
Numerous studies have proven that railroad workers tend to have a higher risk of cancer than those in other occupations. Some of the most prevalent kinds of cancers found among railroad workers are throat, esophageal and lung cancer as well as basal cell carcinomas of the head and neck.
One of the most common carcinogens railway workers are exposed to is benzene. It has a sweet scent and is a colorless, odorless gas. It was banned in the United States more than 20 years ago, but it is present in crude oil, gasoline and diesel exhaust. It is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. The lawsuit alleges that the city and railroad contaminated the neighborhood with toxic chemicals from the rail yard. Giles lived just a few blocks away from the rail yard and creosote treatment sites.
Signs and symptoms of Cancer
Railroad transportation is vital 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, grain, as along with vehicles, chemicals and metal ore. A FELA injury attorney could assist you in filing a claim against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, which is a type of skin cancer. He claims that his exposure sun radiation and creosote-coated railroad ties from 1968 until 2009 caused the condition. He also complains that his workplace was not equipped with the correct safety equipment to shield workers from hazards at work.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on the Union Pacific track yard. cancer lawsuit noticed an area of breast cancer in 2016. When doctors removed the lump they discovered it was malignant. The cancer has expanded from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor asked the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used to store wooden railroad tie treated with coal tar and other poisonous chemical compounds until the 1980s. A study published in January by Texas health officials linked the area to clusters of acute myeloid leukemia, lung, bladder, colon and rectal cancers, as well as the rheumatoid joint.
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 allows railway workers to seek compensation in the event that their employer violates the law. Chaffin Luhana is committed to helping these victims receive the full amount of the compensation they're entitled to.
According to union pacific railroad lawsuit , workers who work in the railroad industry are more prone to developing cancer. Workers are exposed to harmful chemicals, whether they work inside locomotives or in yards. A study showed that railroad workers exposed to diesel exhaust had a greater risk of lung cancer. Benzene is another chemical that has been linked with cancer among railroad workers. It is present in many degreasers, solvents and other products used by the railway industry. It is also a constituent of diesel exhaust, and it is known to cause non-Hodgkin's lymphoma in railroad workers.
In September the month of September, a jury awarded $7.5 million to a railroad employee who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for many years. He claimed that he was not required to wear protective equipment while installing railroad ties that were soaked in creosote. He also claimed to have been exposed to lead and degreasing agents. cancer lawsuit was diagnosed with myelodysplastic syndrome (MDS) which later became acute myeloid Leukemia.