5 Laws That Anyone Working In Railroad Lawsuit Laryngeal Cancer Should Be Aware Of
FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both old and new, the right to sue their employer in the event that they develop cancer or another chronic disease, due to exposure to benzene fumes, diesel fumes and other carcinogens. Call today for a free consultation with a skilled railroad lawyer.
FELA Lawsuits
Every day railroads transport people goods, and other services across the country. It requires a lot of railroad workers in order to operate and manage these massive systems. Despite advancements in technology, the job of a railroad worker remains extremely hazardous. The Federal Employers Liability Act was passed in order to ensure that railroad workers are not 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 to receive compensation. Usually, this can be accomplished by proving that the railroad's conduct violated a federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is more straightforward to prove negligence than in other personal injury claims. This is because of the concept of comparative negligence which allows individuals to seek compensation even if their own actions caused their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to examine the evidence in these cases. Since the time for filing an FELA claim is limited and therefore, it is essential to hire an attorney as soon as possible after your injury. This allows us time to gather documents, statements and other evidence. Contact us to set up one-on-one meetings with an attorney experienced in railroad litigation today.
Exposure to carcinogens
Railroad workers face the risk of contracting a variety of illnesses due to exposure to toxic chemicals and toxins while on the job. For many years, railroad workers have been exposed to welding fumes, diesel fumes,, asbestos silica, creosote and other. These chemicals can cause cancer and other ailments among railroad employees. If a former or present railroad employee is suffering from an illness directly related to the chemicals that they were exposed to in their job They may be able to file a FELA suit.
Many studies have shown railroad workers to be more likely to develop cancer than other occupations. Some of the most common cancers among railroad workers include lung, esophageal, and throat cancers as well as basal-cell carcinomas of the neck and head.
One of the most commonly used carcinogens that railway workers are exposed to is benzene. Benzene is a non-colorless gas that has a sweet smell. It was banned in the United States more than 20 years ago but is present in crude oil, gasoline and diesel exhaust. It is also a component in some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. Her lawsuit claims the railroad and city contaminated the area with toxic chemicals from the rail yard. Giles lived just a few blocks away from the rail yard and creosote treatment site.
Leukemia lawsuit is vital to the American economy. The railroads in America transport 30 million passengers each year and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as along with vehicles as well as chemicals and metal ore. A FELA injury attorney can 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, which is a skin cancer. He claims that exposure to sunlight and creosote infused railroad ties between 1968 and 2009 caused the condition. He also claims that he did not have the proper safety equipment to protect oneself from workplace hazards.
LaTonya Paige, another plaintiff, claims that her breast cancer was the result of her work at an Union Pacific rail yard. union pacific railroad lawsuit noticed a lump on her breast in the year 2016. When doctors removed the lump and found it was malignant. The cancer has spread to her lymph nodes, lungs the esophagus, and her liver.
The Houston mayor asked 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 harmful chemicals. In a study released by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers, and rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are at risk of numerous health risks, and this is especially true for those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act allows railway workers to seek compensation when their employer breaks the law. Leukemia lawsuit is committed to ensuring that these victims receive the full amount of the compensation they're entitled to.
According to research, workers in the railway industry are more at risk of developing cancer. Workers are exposed to harmful chemicals whether they are working in locomotives or in yards. A study revealed that railroad workers exposed to diesel exhaust had a greater risk of lung cancer. Another chemical that has been associated with cancer in railroad workers is benzene which is present in many solvents and degreasers employed by railroad companies. It is also a component of diesel exhaust, and is known to cause non-Hodgkin lymphoma in rail workers.
In September the month of September, a jury voted $7.5 million to a railroad employee 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 he was working without protective equipment while constructing railroad tieways that were immersed in creosote. He also claimed that he had been exposed to degreasing agents and lead. He was diagnosed with myelodysplastic Disorder (MDS), which eventually developed into acute myeloid leukemia.