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FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, old and new, the right to sue their employer if they develop cancer or another chronic illness caused by exposure to benzene fumes diesel fumes, or other carcinogens. Contact us today for a complimentary consultation with an experienced railroad lawyer.
railroad lawsuit , railroads transport people, goods, and other services across the nation. It requires a huge number of railroad employees to operate and manage these massive systems. Despite advances in technology, the job of a railroad worker is still incredibly dangerous. The Federal Employers Liability Act was passed in order to protect railroad workers injured.
Contrary to workers' compensation which is a no-fault insurance system, claimants under FELA must demonstrate that their railroad employer was negligent to receive payment. Usually, this can be accomplished by proving that the railroad's actions violated a federal law, like the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is generally easier to prove in FELA lawsuits than in other personal injury cases or' comp cases. This is due to the relative fault criterion, which permits workers to be awarded damages even if they contributed to their injuries.
Shaw Cowart's attorneys have extensive experience with FELA claims and know how to evaluate the evidence in these cases. It is essential to retain a lawyer as soon as you can following your injury, as the time limit for filing an FELA claim is a short time. This allows us to gather statements or documents, as well as other evidence prior to it disappearing. Contact us today to schedule an appointment with an attorney for railroad litigation.
Exposure to carcinogens
Railroad workers are susceptible to contracting diseases due to exposure to toxic chemicals. For a long time, railway workers have been exposed to diesel fumes, welding fumes and asbestos, lead, silica and creosote. These chemicals can cause cancer and other diseases in railroad employees. If a former or present railroad employee develops an illness that is directly related to the chemicals they were exposed to on the job or at home, they could be eligible to start an FELA lawsuit.
Numerous studies have revealed that railroad workers tend to suffer from a higher rate of cancer than workers in other jobs. The most frequent types of cancers that occur in railroad workers are lung, esophageal and throat cancers as well basal cell carcinomas of the neck and head.
One of the most frequent carcinogens that railroad workers are exposed is benzene. The gas is colorless and that has a sweet odor. It was banned over 20 year ago in the United States, but it is still present in crude oil and diesel exhaust. It is also a component of some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. The lawsuit claims that the city and railroad affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived several blocks from the creosote and rail yard.
Cancer Signs and Symptoms
Railroad transportation is vital to the American economy. Each year, America's railroads transport 30 million people and 1.6 billion tons of freight, which includes food, lumber crude oil, grain, vehicles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a broad range of dangerous materials and a lot of them develop diseases such as cancer as a result. A FELA injury attorney can help you file a lawsuit against your employer.
For instance, a former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that his exposure sunlight and creosote-coated railroad ties from 1968 to 2009 led to the condition. He also complains that he was not provided with the right safety equipment to protect himself from the hazards of his job.
LaTonya Paige, another plaintiff who claims that her breast cancer was the result of her work at the Union Pacific rail yard. Houston resident LaTonya Payne first noticed a lump on her breast in the year 2016. When doctors removed the mass they discovered that it was malignant. The cancer has been spreading from her lymph nodes to her lungs, liver, and esophagus.
The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located in his city. The site was used for storage of railroad tie made from wood treated with coal tar and other poisonous chemical mixtures up to the 1980s. A study published in January by Texas health officials found that the area was associated with clusters of acute myeloid leukemia bladder, lung, colon and rectal cancers, as well as rheumatoid arthritis.
The symptoms of other illnesses
Railroad workers are at risk of numerous health risks, particularly those who are exposed to chemicals on a daily basis. 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 these victims receive the maximum amount of the compensation they're entitled to.
According to research, workers in the railway industry are more at risk of developing cancer. If the workers are working in locomotives or working in yards, they are usually exposed to harmful chemicals. For instance the study found that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. The chemical Benzene has been linked to cancer in railroad workers. It is present in a wide range of solvents, degreasers and other products used in the railroad industry. It is also a component of diesel exhaust and is believed to cause non-Hodgkin lymphoma among railroad workers.
In September an indictment, a jury handed $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff worked for Chicago and North Western Railroad, then for Union Pacific Railroad Company, for many years. He claimed that he did not wear protective equipment when putting in railroad ties soaked with creosote. He also alleged that he was exposed degreasing solvents and lead. He was diagnosed with myelodysplastic Syndrome (MDS) that eventually progressed to acute myeloid leukemia.