A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers frequently have prolonged exposure to carcinogenic chemicals as well as substances such as asbestos, benzene and creosote. If you have been diagnosed with cancer and believe your exposure to these chemicals at work caused it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a specific railroad lawsuit acute myeloid leukemia lawyer for more details.
Benzene Exposure
It is a colorless, poisonous gas that can cause cancer in people who are exposed for long periods of time. It is created in the environment and also from the combustion of gas and tobacco smoke. The human body may also absorb benzene through the skin. A railroad worker who develops cancer due to exposure to benzene could be eligible for monetary compensation from their employer.
In one instance a railroad employee who died widow was awarded $1,500,000 in damages from the company that employed him. The late husband worked as pumpman on a variety of tankers during the 1970s and 1980s, and was often exposed to benzene. His wife filed a suit for unjustified death against the vessel's owner after he passed away in the year 1995 from acute myeloid lymphoma.
Acute myeloid cancer is a cancer that is rapidly spreading and can be fatal within the first few months after diagnosis if it's not treated. It is usually treated with chemotherapy, but in certain cases radiation or targeted therapy might be utilized.
We have obtained defense verdicts in two cases, where plaintiffs claimed that they suffered brain damage due to solvent-induced exposure over their 23-year career on the railroad. The defense presented expert testimony by a medical expert regarding causality, industrial hygiene and the jury determined that the work environment of the railroad was relatively safe.
union pacific railroad lawsuits is a mixture of hundreds of chemicals that are used to protect wood, like railroad ties. It contains several known carcinogens including polycyclic hydrocarbons (PAHs). The PAHs present in creosote are taken up through the surface of the skin, or ingested by drinking water that is affected by this chemical. PAHs are also absorbed into the lungs, and may cause lung cancer.
Creosote can trigger many symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause third and second degree burns to the skin. The coal tar creosote compound is a mixture of PAH compounds including naphthalene and other carcinogenic substances like Acenaphthene.
Creosote exposure can affect the health of workers and their families as well. For instance, certain workers have developed basal cell cancers of the papular type, which are common occupational skin cancers that can spread to other parts of the body. Other workers have suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
The railroad industry does not often communicate effectively with its employees about the dangers that come with long-term exposure to toxic substances. It is not uncommon for railroad employees to leave diesel locomotives, cranes, or forklifts running while working. The engines generate a lot of exhaust fumes, which can be ingested and inhaled through the lung. They also dip rags into solvents that contain benzene to clean tools and machinery.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness as a result of exposure to toxic chemicals such as creosote or benzene may be entitled to compensation for medical expenses and other damages. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) for monetary damages.
Many diseases that are triggered by occupational exposures to carcinogenic substances, such as asbestos and diesel fumes are not evident until a person is older. In most cases, the statute of limitations lasts only three years following the first diagnosis. This is why it is vital that any potential victims contact an experienced attorney for railroad accidents as soon as they can after being diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway employee who was diagnosed with leukemia following years of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA for not providing their employees with the proper safety equipment and training.
The jury awarded the plaintiff damages of $7.5 million after finding that the cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals such as creosote, benzene, and degreasing agents.
FELA
If a former railway worker is diagnosed with cancer caused by exposure to toxic substances at work or at work, they can be able to file a claim under Federal Employers Liability Act, or FELA. Contrary to workers' compensation statutes, which provide victims with medical expenses and some lost wages, FELA is a fault-based statute that requires evidence that the railroad company did not adequately protect its employees from the dangers of chemical exposures.
Railroad companies are often involved in fighting FELA claims that involve occupational diseases. Defense attorneys typically argue that the former employee isn't able to pinpoint specific instances of health problems. They also point out the absence of official tests showing the presence of carcinogens or toxic substances in the equipment or parts used by the railway.
A successful FELA claim is paid for future and past physical pain and suffering as well as loss of enjoyment of life, psychological distress, and other damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim may be pursued to obtain compensation for the deceased person's family members.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to help injured railroad workers get the financial support they need. Contact us for an evaluation of your case for free. We represent railroad workers across the country, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.