FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both former and current who are currently employed, the right of suing their employer in the event that they develop cancer or another chronic disease caused by exposure to benzene fumes, diesel fumes, or other carcinogens. Call today for a free consultation with an experienced railroad lawyer today.
FELA Lawsuits
Every day railroads transport people, products, and services across the country. It requires a lot of railroad workers to run and manage these massive systems. Despite advancements in technology, the work of a railway worker remains extremely hazardous. Therefore, the Federal Employers Liability Act (FELA) was enacted to protect injured railroad workers.
In contrast to workers' compensation which is a no-fault system, those who claim under FELA must demonstrate that their railroad employer was negligent to receive compensation. Generally, blacklands railroad lawsuit is achieved by proving that the railroad's conduct violated a federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is more straightforward to prove negligence than in other personal injury lawsuits. This is due to the standard of comparative negligence, which allows plaintiffs to seek damages even if their own actions caused their injuries.
Shaw Cowart's lawyers have vast experience in FELA claims and know how to look into the evidence in these cases. Because the timeframe for filing a FELA claim is very limited, it is important to hire an attorney immediately following your injury. This gives us time to gather statements, documents, records, and other evidence. Contact us for a individual consultation with an attorney experienced in railroad litigation today.
Exposure to Carcinogens
Railroad workers are at possibility of contracting a variety of ailments due to exposure toxic chemicals and toxins on the job. Railroad workers are exposed for years to diesel fumes and welding fumes. They are also exposed to asbestos, lead creosote and silica as well as creosote and creosote. These chemicals can cause cancer and other illnesses among railroad employees. If a current or former railroad employee develops an illness which is directly linked to the chemicals they were exposed to while working, they may be eligible to start a FELA lawsuit.
Many studies have shown that railroad workers have a higher risk of cancer than those in other occupations. The most frequent cancers that railroad workers suffer from include the esophageal, lung, and throat cancers, as well as basal-cell carcinomas of the head and neck.
Benzene is among the most common carcinogens to which railroad workers are exposed. The gas is colorless and with a pleasant odor. It was banned in the United States more than 20 years ago, yet it is present in crude oil, gasoline and diesel exhaust. It is also a component of some solvents and degreasers. Latonya Paige is suing BNSF, the City of Houston and Texas after her nephew died of leukemia. The lawsuit alleges that the city and railroad affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived just several blocks from the railyard and creosote-treatment site.
The symptoms of Cancer
Railroad transportation is vital to the American economy. The railroads in America transport 30 million people each year, and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grain as along with vehicles, chemicals and metal ore. A FELA injury lawyer can assist you in filing an action against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell carcinoma, a kind of skin cancer. He claims that his exposure to sunlight and creosote coated railroad tracks between 1968 and 2009 caused the condition. He also claims that he was not receive the necessary safety equipment to safeguard himself from his workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work at the Union Pacific track yard. The Houston resident claims she first noticed an abnormal lump in her breast in the year 2016. When doctors removed the mass and found it was malignant. The cancer has been spreading from her lymph nodes to her liver, lungs and esophagus.
The Houston mayor contacted the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used until the 1980s to store railroad ties made of wood that were treated with creosote chemical mix of coal tar as well as other toxic chemicals. A study published in January by Texas health officials identified the area as a source of clusters of acute myeloidleukemia colon, bladder, lung and rectal cancers, and Rheumatoid Arthritis.
Other diseases may also have symptoms.
Railroad workers are at risk of developing serious health issues, particularly if they are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway employees the right to seek compensation if their employer is in violation of the law. Chaffin Luhana is dedicated to ensuring that victims receive full compensation they are due.
Studies show that workers in the railroad industry are more likely to develop different forms of cancer. Workers are exposed to harmful chemicals, whether they work inside locomotives or in yards. For instance the study found that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene which is present in many degreasers and solvents used by rail companies. It is also found in diesel exhaust and is known to cause non Hodgkin lymphoma among railroad workers.
In September an indictment, a jury handed $7.5 million to a railroad worker who developed leukemia. The plaintiff worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for decades. He claimed he was working without protective equipment while installing railroad ties that were soaked in creosote. He also claimed to have been exposed to degreasing agents and led. He was diagnosed with myelodysplastic Syndrome (MDS) that eventually progressed to acute myeloid leukemia.