FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both former and current employees, the right to sue their employer in the event that they develop cancer, or any other chronic illness, due to exposure to benzene fumes, diesel fumes, or other carcinogens. Call today for a free consultation with a skilled railroad lawyer.
FELA Lawsuits
Every day railroads transport people, goods, and services across the country. It requires a huge number of railroad employees to operate and manage these huge systems. Despite advancements in technology, the work of a railway worker is still incredibly dangerous. The Federal Employers Liability Act was adopted to protect railroad workers injured.
Unlike workers' comp that is a system that does not have fault and no-fault, claimants must prove their railroad employer was negligent to get a payment under FELA. This is typically accomplished by proving that the railroad's conduct was in violation of any federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than in other personal injury claims. This is due to the standard of comparative negligence, which allows individuals to seek compensation regardless of whether their actions contributed to their injuries.
Shaw Cowart's lawyers have extensive experience in FELA claims and know how to look into the evidence in these cases. Because the time to file a FELA claim is limited It is essential to find an attorney as soon as possible after your injury. This allows us to gather statements or documents, as well as other evidence prior to it disappearing. Contact us for a individual consultation with an attorney who is experienced 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 have been exposed for a long time to welding fumes and diesel fumes. They also are exposed to lead, asbestos silica, creosote, and creosote. These chemicals can cause cancer or other diseases among railroad workers. If a current or former railroad employee has an illness that is directly linked to the chemicals that they were exposed to in their job and is able to bring a FELA suit.
Numerous studies have revealed railroad workers to be more likely to develop cancer than other occupations. The most frequent cancers for railroad workers are lung, esophageal, and throat cancers, as well as basal-cell carcinomas of the head and neck.
Benzene is among the most frequently used carcinogens which railroad workers are exposed. The smell of benzene is sweet and is an odorless, colorless gas. It was banned in the United States more than 20 years ago, yet it is present in gasoline, crude oil and diesel exhaust. It is also a component of some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. Her lawsuit claims the railroad and the city contaminated the area with toxic chemicals from the rail yard of the railroad. Giles lived just a few blocks away from the rail yard as well as the creosote treatment sites.
Signs and symptoms of Cancer
Railroad transportation is essential to the American economy. The railroads in America transport 30 million passengers each year, and 1.6 billion tonnes of freight. This includes food, lumber and crude oil, grain, as along with vehicles chemical 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 led to his basal cell cancer. It's a kind of skin cancer. He claims that his exposure to sunlight radiation and creosote-coated railroad ties in the years 1968 through 2009 caused the condition. He also claims he did not have the proper protection equipment to shield himself from the hazards of his job.
LaTonya Paige, a second plaintiff claims that her breast cancer was triggered by her job at an 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 when doctors removed it. The cancer has spread from her lymph nodes to her lungs, liver, and esophagus.
The Houston mayor has asked the Biden administration to seek fines and orders for the cleanup of a Union Pacific site in his city. The site was used to store railroad ties made of wood treated with coal tar and other harmful chemical mixes until the 1980s. A study released in January by Texas health officials linked the area to clusters of acute myeloidleukemia colon, bladder, lung and rectal cancers as well as rheumatoid arthritis.
Symptoms of other diseases
Railroad workers are at risk of developing serious health issues, especially when they are exposed to chemicals every day. The Federal Employers Liability Act gives railway workers the right of compensation when their employer has violated the law. Chaffin Luhana is committed to ensuring that victims receive the complete compensation they deserve.
According to studies, workers who work in the railroad industry are more at risk of developing cancer. Whether the workers are inside locomotives or working in yards, they are usually exposed to harmful chemicals. A study showed that railroad workers exposed to diesel exhaust had a higher chance of developing lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene which is a component of many degreasers and solvents used by railroad companies. csx railroad lawsuit is also a constituent of diesel exhaust and is believed to cause non-Hodgkin lymphoma among railroad workers.
In September the month of September, a jury voted $7.5 million to a railroad employee who was diagnosed with leukemia. The plaintiff was employed by Chicago and North Western Railroad and later for Union Pacific Railroad Company, for decades. He claimed that he did no wear protective equipment when putting in railroad ties soaked with creosote. He also claimed to have been exposed to degreasing agents and lead. He had myelodysplastic Syndrome (MDS), which eventually progressed into acute myeloid Leukemia.