20 Tools That Will Make You More Efficient At Railroad Lawsuit Esophageal Cancer
A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers are often exposed to prolonged exposure to carcinogenic chemicals and substances like creosote, benzene, and asbestos. If you've been diagnosed with cancer and believe that your exposure to these chemicals while working caused it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more information, speak to an acute myeloid lawsuit railroad lawyer.
Benzene Exposure
Benzene, a colorless toxic gas can cause cancer when exposed to it for a long period of time. It is naturally produced in the environment, as well as through the combustion of gas and smoking tobacco. The human body is also able to absorb benzene through the skin. A railroad worker who develops cancer as a result of exposure to benzene could be eligible for monetary compensation from their employer.
In one case a railroad worker who died widow was awarded damages of $1,500,000 from the company that employed him. The deceased husband was a pumpman on different tankers in the 1970s and 1980s. He was exposed to benzene's toxic fumes. His wife filed a claim for unjustified death against the vessel owner after he passed away in the year 1995 from acute myeloid lymphoma.
Acute myeloid tumor is a cancer that spreads quickly and can be fatal within several months after diagnosis if it isn't treated. The majority of the time, it is treated with chemotherapy. However, in some instances, targeted therapy and radiation may be used.
We obtained defense verdicts for an industry class 1 railroad in two cases where plaintiffs claimed to have suffered injury to their brains due to solvent-induced exposure over their 23 years on the rails. The defense presented experts' testimony on medical causation, industrial hygiene and the jury ruled that the workplace of the railroad was reasonably safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals used to protect wood, such as railroad ties. It is a mixture of carcinogens that are known which include polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote are absorption through the skin and can be ingested via drinking water that is contaminated with the chemical. PAHs can also be absorbed into the lungs, where they could cause lung cancer.
Inhalation of creosote may cause a variety symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause third and fourth degree burns to the skin. Coal tar creosote contains numerous PAH compounds that include naphthalene, acenaphthene as well as fluorene and phenanthrene All of them are carcinogenic.
lawsuits against union pacific railroad could affect the health of the workers and their families as well. For instance, some employees have developed basal cell tumors papular that are common skin cancers that can spread to other areas of the body. Other workers have suffered from chronic lung disease, esophageal and liver fibrosis and chronic bronchitis.
Often, the railroad industry isn't able to adequately inform employees on the dangers of long term exposure to toxic substances. For instance, it is not uncommon for railroad employees to leave diesel-powered locomotives, forklifts and cranes on the road during their work. They produce large quantities of diesel exhaust that can be inhaled and ingested through the lungs. They also dunk rags in benzene-containing solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or another chronic illness as a result of exposure to toxic chemicals such as creosote and benzene might be entitled to compensation for medical expenses and other losses. A New York railroad cancer attorney could assist those seeking claims for financial damages under the Federal Employers Liability Act, or FELA.
Many illnesses that result from exposure to carcinogenic substances at work, such as diesel fumes and asbestos, are not apparent until a worker reaches an older age. Thus, the statute of limitations generally only lasts for three years from the point an individual is first diagnosed with the disease. This is the reason it is crucial that any potential victims contact an experienced attorney for railroad accidents immediately after they are diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed the company was in violation of FELA by not providing employees with the appropriate safety equipment and training.
The jury gave the plaintiff damages of $7.5 million after determining that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals, including creosote and benzene as well as degreasing agents.
FELA
If a former railway worker is diagnosed with cancer due to exposure to toxic substances at work or at work, they can file a claim under the Federal Employers Liability Act, or FELA. In contrast to workers' compensation laws that offer victims medical expenses and some loss of wages, FELA is a fault-based law that requires proof that the railroad employer was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies often fight FELA claims that involve occupational diseases. Their defense lawyers typically argue that the former employee is unable identify specific instances of exposure to hazardous substances. They also point out the lack of official tests that show the presence of carcinogens, or contaminants in parts or equipment that are used by the railway.
A successful FELA claim is compensated for past and future physical pain and suffering as well as loss of enjoyment of life, psychological suffering, and other damages. If the victim dies due to their injuries and/or injuries, a wrongful demise claim may be pursued to seek compensation for the deceased person's family members.
At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to help injured railroad workers receive the financial support they need. Contact us for a free consultation. We represent railroad workers across the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.