FELA and Railroad Lawsuits
Workers exposed to harmful chemicals like coal fumes, diesel exhaust or asbestos can develop serious illnesses, including cancer. A successful FELA claim can be awarded damages to cover medical expenses, income loss pain and suffering, among other things.
A railroad worker who contracted leukemia was recently awarded $7.5 million from Union Pacific. This is just one example of how the justice system stands up for the victims.
Benzene
Railroad workers frequently work with chemical solvents as well as other hazardous substances, such as benzene. It is a highly evaporative liquid is absorbed by the skin or inhaled. It has been linked to a range of medical illnesses, including cancer, blood cancers such as leukemia and lymphoma, and bone marrow diseases. It is also a cancer-causing chemical and a component in coal tar creosote, which is used to protect railroad tie from heat, sunlight and rain.
One former rail worker claimed that his exposure to benzene when working with coal tar creosote railroad ties triggered Myelodysplastic Syndrome (MDS), which progressed into Acute Myeloid Leukemia. A jury gave him $7.5 million in September.
Anyone who has been diagnosed with cancer or other chronic diseases due to exposure to benzene asbestos radioactive substances and other toxic chemicals, have the right to claim compensation under FELA. Based on the type of cancer or illness, the statute of limitations could differ, so it is crucial to consult a seasoned lawyer as soon as possible.
A railroad attorney at Shaw Cowart can help you determine if your case is a valid FELA claim. We provide free consultations and are well-versed with FELA railway workplaces, FELA and the cancer-causing chemicals railroad employees are exposed to every day.
Asbestos
Our lawyers have represented railroad workers who developed lung cancer and other health issues caused by asbestos exposure. They worked in places like repair shops, engine rooms and yards, as well as on track equipment or rail cars that had asbestos insulation. This type of asbestos could be extremely hazardous, as when it gets degraded, tiny fibres are released in the air. The fibers can be breathed in by workers on railroads and cause mesothelioma and other asbestos-related illnesses such as lung cancer, asbestosis, pleural plaque and fibrosis.
In class action lawsuit against railroads to asbestos, railroad workers are also at high risk for developing lung diseases due to diesel exhaust and exposure to other workplace toxics such as solvents, welding fumes and silica sand. The particles and fumes that are emitted from these workplaces can cause damage to the kidneys, lungs and gastrointestinal tract, as well as blood cells. These injuries are often diagnosed years after a worker's initial exposure and can cause a variety of serious and debilitating medical issues.
A recent case against Conrail exposes the risks associated with this type of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail, the railroad company, in respect of a former railway worker who died from mesothelioma. A jury awarded damages to cover suffering and suffering, companionship loss, future medical expenses, and other losses. This case illustrates the importance of working closely with an experienced attorney that can quickly determine whether the FELA claim is warranted.
Radioactive Substances
Anyone exposed to radioactive materials can develop cancers or other serious diseases. These substances are often hidden in the materials that railroads employ to clean track and other rail yards. It is often difficult to identify them unless the railroad company actively checks for alpha and Gamma radiation. If a railway worker is diagnosed with cancer or another disease caused by exposure to carcinogenic chemicals on the job, they may submit an FELA claim and receive compensation from their former employer.
Railroad workers are more prone than other workers to develop cancer. This is because they are constantly exposed to toxins that can cause lung cancers, such as asbestos, the sand dust (silica), diesel fumes, welding fumes, and creosote.
Railroad employees who have been diagnosed with cancer as the result of exposure on the job should speak to a lawyer for railroads as quickly as possible. They can help them determine whether they have a legal claim against their former employers and make the appropriate lawsuits under FELA. These claims can include reimbursement for medical expenses as well as loss of income and suffering and pain. Additionally, they can compensate for the loss of a loved one in an wrongful-death claim. An experienced railroad attorney can help victims receive the maximum amount of compensation they are entitled to, under FELA.
FELA
Conductors, engineers and train crew members work in dangerous environments that can cause damage to their lungs without even realizing. Former railroad workers who developed lung cancer or another condition that may have been caused by their job may apply for compensation under Federal Employers Liability (FELA).
Unlike workers' compensation claims, FELA allows injured railroad employees and their families of deceased employees to seek damages for past and future emotional suffering and medical expenses. An attorney knowledgeable of FELA regulations could explain to you the options available to.
To win a FELA lawsuit, you will be required to prove that your employer acted negligently in a manner. The definition of negligence can include breaking a law or rule and not observing the reasonable standards of care, and so on. A competent FELA lawyer can evaluate your case to determine if the railroad's negligence contributed to your illness.
Railroad exposure can cause variety of lung illnesses. If you were exposed to asbestos, diesel exhaust creosote or other toxins during your work on the railway and you are a mesothelioma patient, a certified attorney can assist you in filing for compensation under FELA. Hughes Law Offices has handled FELA cases in the past and have resulted a variety of settlements and verdicts.