A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers typically have long-term exposure to carcinogenic chemicals as well as substances like asbestos, benzene and creosote. If you think that exposure to these substances while working caused cancer, you could be entitled compensation.
The FELA allows railroad workers to sue for negligence. For more information, speak to an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas is a cancer-causing gas when exposed for a prolonged period. It is naturally produced in the environment, as well as through gas emissions and tobacco smoke. The skin also absorbs the benzene. Railroad workers who developed cancer as a result of exposure to benzene could be eligible for compensation in the form of monetary payments from their employer.
In one case the widow of a railroad worker who passed away was awarded $1,500,000 by the company that employed her husband. Her late husband worked as pumpman on several tankers during the 1970s and 1980s, and was frequently exposed to benzene. When he passed away from acute myeloidleukemia, in the year 1995 his wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid Leukemia is an aggressive cancer that could cause death in few months if treated immediately. The majority of patients are treated with chemotherapy, but in certain cases, radiation and targeted therapy might be utilized.
We obtained defense verdicts for a class 1 railroad in two cases where plaintiffs claimed injuries to their brains due to solvent-induced exposure throughout their 23-year journey on the rails. The defense offered experts' testimony on medical causation, industrial hygiene and the jury found that the workplace of the railroad was reasonably safe.
Creosote Exposure
It is a mix made up of hundreds of chemicals that are used to preserve wood such as railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote may be absorption through the surface of the skin, or ingested by drinking water that is polluted with this chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Creosote inhalation can lead to a variety of symptoms such as respiratory irritation, eye problems as well as nausea and vomiting. It can cause skin burns that are of the second and third degrees. Coal tar creosote contains numerous PAH compounds that include naphthalene, acenaphthene and fluorene. Phenanthrene is also a component and fluorene, all of which are carcinogenic.
Creosote exposure can affect the health of employees and their families as well. For instance, some employees have developed basal cell cancers of the papular type which are common skin cancers that can spread to other areas of the body. Others have been affected by chronic asthma, esophageal ulcers and fibrosis of the liver and lungs.
In many cases, the railroad industry does not adequately inform employees about the dangers of long-term exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel engines, or forklifts running while working. Diesel exhaust from these engines could be inhaled and eaten. They also soak rags in benzene containing solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who contract cancer or other chronic diseases due to exposure toxic chemicals, such as benzene and Creosote may be eligible for reimbursement for medical expenses and other losses. A New York railroad cancer attorney could assist those seeking claims for financial damages under the Federal Employers Liability Act, or FELA.
Many of the ailments that result from occupational exposure to carcinogenic chemicals like diesel fumes, asbestos and silica are not likely to manifest themselves until a worker is older. In most cases, the statute of limitations lasts only three years following a person's first diagnosis. Therefore, it is crucial that victims get in touch with an attorney for railroad injuries promptly after being diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by a former railroad employee who had been diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA by failing to properly train their employees and equip them with the appropriate safety equipment.
The jury gave the plaintiff damages of $7.5 million after finding that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to various harmful chemicals such as benzene, creosote and degreasing solvents during his time working for the company.
FELA
Former railroad workers who are diagnosed with cancer because of exposure to toxic chemicals at work could be qualified to file a claim for compensation under the Federal Employers Liability Act (FELA). Unlike workers' comp statutes that cover medical expenses and lost wages to those suffering, FELA is a statute based on fault, which requires evidence of the railroad's employer failing to protect their workers from the dangers posed by chemical exposures.
Railroad companies often fight FELA lawsuits involving occupational diseases. railroad class action lawsuit claim that the sick former employee is unable identify specific instances of unhealthy exposures. They also point out the absence of official tests showing the presence of carcinogens and chemicals in the parts or equipment employed by railways.
A successful FELA claim is the compensation for future and past physical pain and suffering in addition to loss of enjoyment life, psychological suffering, and other related damages. If the victim dies as a result, the family can file a wrongful-death claim to receive compensation.
We collaborate with FELA attorneys to help railroad employees injured receive the financial assistance they need. Contact us to set up an evaluation of your case for free. We represent railroad workers across the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.