FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both present and former employees, the right to sue their employer if they suffer from cancer, or any other chronic illness caused by exposure to benzene fumes, diesel fumes, or other carcinogens. Contact us for a no-cost consultation with a knowledgeable railroad lawyer today.
FELA Lawsuits
Railroads transport goods, services, and people throughout the country each day. It takes a significant number of railroad workers in order to operate and manage these massive systems. Despite advancements in technology, the work of a railway worker remains extremely hazardous. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.
Unlike workers' compensation, which is a no fault system the claimants who are covered under FELA must prove that their railroad's employer was negligent to receive a payment. This is typically done by proving that the railroad violated the federal standard, such as the Occupational Safety and 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 claims. This is due to the pure the concept of comparative fault, which allows workers to be awarded damages even if they contributed to their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to examine the evidence in these cases. It is crucial to find a lawyer as soon as you can following your injury as the time frame 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 today to arrange a consultation with an attorney for railroad litigation.
Exposure to carcinogens
Railroad workers face the danger of contracting a range of illnesses due to exposure to toxic chemicals and toxins while working. For Leukemia lawsuit , railroad workers have been exposed to diesel fumes, welding fumes,, asbestos silica, creosote, and silica. These chemicals can cause cancer and other illnesses among railroad employees. If a former or present railroad employee is suffering from an illness that is directly linked to the chemicals that they were exposed to in their job They may be able to submit an FELA suit.
Numerous studies have proven railroad workers to be more susceptible to developing cancer than other professions. Some of the most common cancers among railroad workers include the esophageal, lung, and throat cancers, aswell as basal-cell cancers of the head and neck.
Benzene is among the most prevalent carcinogens to which railroad workers are exposed. cancer lawsuit is a colorless gas that has a sweet odor. union pacific railroad lawsuit was banned over 20 years ago in the United States, but it is still present in diesel and crude oil exhaust. It is also a component of certain solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas, after her nephew died from leukemia. The lawsuit claims that the railroad and city have contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived a few blocks away from the creosote treatment site and the railyard.
Cancer Symptoms
Railroad transportation is essential 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, grain as in addition to vehicles, chemicals and metal ore. A FELA injury lawyer could assist you in filing a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell carcinoma, a kind of skin cancer. He claims that his exposure sunlight radiation and creosote-coated railroad ties from 1968 until 2009 caused the condition. He also claims that he was not have the proper safety equipment to safeguard himself from his workplace hazards.
LaTonya Paige, another plaintiff claims that her breast cancer was triggered by her job at the 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 taken over her lymph nodes to her liver, lungs and esophagus.
The Houston mayor contacted the Biden administration for fines and orders to clean up a Union Pacific site located in the city. The site was used from the 1980s to store railroad ties made of wood that were treated with creosote chemical mix of coal tar and other poisonous chemicals. In a study that was released by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers as well as rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are at risk of serious health problems, especially when they are exposed to chemicals every day. The Federal Employers Liability Act gives railway workers the right to pursue compensation when their employer violates the law. Chaffin Luhana is committed to ensuring that victims receive the full compensation they are due.
Studies have revealed that workers in the railway industry are more likely to develop forms of cancer. Whether the workers are inside locomotives or working in yards, they are typically exposed to harmful chemicals. For instance an investigation has shown that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. Another chemical that has been associated with cancer in railroad workers is benzene, which is present in many degreasers and solvents used by railroad companies. It is also a constituent of diesel exhaust, and it is believed to cause non-Hodgkin lymphoma among rail workers.
In September, a jury awarded $7.5 million to a railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and then Union Pacific Railroad Company for many years. He claimed that he did not wear protective equipment while constructing railroad ties that were soaked in creosote. He also claimed that he was exposed to cleaning solvents and lead. Bladder cancer lawsuit was suffering from myelodysplastic disorder (MDS) that eventually progressed to acute myeloid leukemia.