FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, previous, and retired railroad workers the right to sue their employer if they develop cancer or another chronic illness due to exposure on the job to benzene, creosote and carcinogens like diesel fumes, and other. Contact us today for a complimentary consultation with a knowledgeable railroad lawyer.
FELA Lawsuits
Railroads transport goods as well as services and people throughout the country every day. It takes a large number of railroad workers in order to operate and manage these huge systems. Despite advances in technology, the work of a railroad worker is extremely dangerous. Therefore, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers who have been injured.
In contrast to workers' comp which is a system of no-fault, claimants must prove that their railroad employer was negligent to get a payment under FELA. Usually, this is accomplished through showing that the railroad's actions violated a federal standard, such as the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases, it is easier to prove negligence than in other personal injury claims. This is due to the comparative fault criterion that allows individuals to claim damages even if they contributed to their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and are able to investigate the evidence in these cases. It is crucial to find a lawyer as soon as you can after your injury because the deadline for filing a FELA claim is very short. This allows us time to gather documents, statements and other evidence. Contact us today to schedule an appointment with a railroad litigation attorney.
Exposure to carcinogens
Railroad workers are at risk of contracting various illnesses due to exposure to toxic chemicals. Railroad workers are exposed for decades to diesel fumes, welding fumes, and welding fumes. They also are exposed to lead, asbestos silica, creosote, and creosote. These chemicals can cause cancer or other illnesses among railroad employees. If a former or present railroad employee develops a disease which is directly linked to the chemicals they were exposed to on the job they could be able to bring an FELA lawsuit.
Numerous studies have proven that railroad workers suffer from a higher incidence of cancer than those working in other occupations. Some of the most common cancers among railroad workers include lung, esophageal, as well as throat cancers as well basal-cell cancers of the neck and head.
Benzene is among the most prevalent carcinogens to which railroad workers are exposed. Benzene has a sweet smell and is an odorless and colorless gas. It was banned in the United States more than 20 years ago but is present in gasoline, crude oil and diesel exhaust. It is also a component of some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas, after her nephew died from leukemia. The suit claims that the railroad and city polluted the area with toxic chemicals from the rail yard. railroad workers cancer lawsuit lived just a few blocks from the rail yard and creosote treatment facility.
Cancer symptoms
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 food, lumber and crude grain, oil as along with vehicles chemical, metal ore and. A FELA injury attorney could assist you in filing a claim against your employer.
For instance, a former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, a skin cancer. He claims that exposure to sun radiation and creosote-coated railroad ties from 1968 until 2009 led to the condition. He also claims he did not have the proper safety equipment to protect oneself from workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on a Union Pacific track yard. Houston resident LaTonya Payne first noticed a lump on her breast in 2016. When doctors removed the mass they discovered that it was malignant. The cancer has spread from her lymph nodes to her liver, lungs and esophagus.
The Houston mayor has requested the Biden administration to seek fines and orders to clean up of a Union Pacific site in his city. The site was used to store railroad tie made of wood treated with coal tar and other poisonous chemical mixtures until the 1980s. A study released in January by Texas health officials found that the area was associated with clusters of acute myeloidleukemia, colon, bladder, lung and rectal cancers, as also Rheumatoid Arthritis.
The signs of other Diseases
Railroad workers are at risk of serious health issues, especially those who are exposed to chemicals every day. 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 the full compensation they deserve.
According to research, workers who work in the railroad industry are more prone to developing cancer. Workers are exposed to harmful chemicals whether they work inside locomotives or in yards. For example an investigation has shown that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. The chemical Benzene has been associated with cancer among railroad workers. It is found in many degreasers, solvents and other products used in the railroad industry. It is also a constituent of diesel exhaust, and it is believed to cause non-Hodgkin lymphoma in rail workers.
In September the month of September, a jury voted $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff worked for Chicago and North Western Railroad and later for Union Pacific Railroad Company, for decades. He claimed that he did not wear protective equipment when putting in railroad ties soaked in creosote. He also claimed that he was exposed degreasing solvents as well as lead. He was diagnosed with myelodysplastic Syndrome (MDS) which later became acute myeloid Leukemia.