FELA and Railroad Lawsuits
People who are exposed to toxic chemicals like coal fumes, diesel exhaust or asbestos can develop serious illnesses including cancer. A successful FELA case can award damages to cover medical expenses, income loss, suffering and pain.
Union Pacific recently awarded $7.5 Million to one of its railroad workers who was diagnosed with Leukemia. This is only one example of how the justice system fights for victims.
Benzene
Railroad workers are often exposed to chemical solvents as well as other hazardous substances, such as benzene. The liquid, which is extremely evaporative can be absorbed through the skin or inhaled. It is associated with several medical conditions like cancer blood-related cancers like Lymphoma and leukemia, as well as bone-marrow disease. It is also a carcinogen as well as part of coal tar creosote, which is used to protect railroad ties from heat, sunlight, rain and snow.
A former rail worker claimed that his exposure to benzene, while working with coal-tar creosote create railroad ties, lead to Myelodysplastic Syndrome. This progressed to Acute Myeloid Leukemia. A jury awarded him $7.5 million last September.
If you have been diagnosed as having cancer or other chronic illnesses due to exposure to benzene asbestos radioactive substances as well as other hazardous chemicals, are entitled to claim compensation under FELA. Depending on the kind of cancer or illness the time limit for filing a claim may vary, so it is imperative to consult a seasoned lawyer as soon as is possible.
Leukemia lawsuit at Shaw Cowart can help you determine if your case is a valid FELA claim. We offer no-cost consultations and are familiar with FELA as well as railroad workplaces and the hazardous cancer-causing substances that railroad workers face on a daily basis.
Asbestos
Our lawyers have represented railroad workers who were diagnosed with lung cancer or other illnesses due to asbestos exposure. They frequently worked in areas such as repair shops, engine rooms, and yards or on rail cars with derailments or on track equipment that was deteriorating asbestos insulation. This kind of asbestos can be extremely hazardous, as when it deteriorates tiny fibers are released in the air. These fibers can be inhaled by railroad workers and cause mesothelioma along with other asbestos-related health issues including lung cancer, asbestosis as well as pleural plaques and fibrosis.
Railroad workers are at the risk of developing lung cancer from diesel exhaust, silicasand and welding fumes. These fumes can cause harm to the lungs, kidneys and the gastrointestinal tract. These injuries can be detected years after the first exposure and can cause to a myriad of serious and debilitating diseases.
Recent cases against Conrail highlights the dangers associated with this type of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail in respect of an ex-railway worker who passed away from mesothelioma. The jury awarded damages to cover suffering and suffering along with companionship loss, future medical expenses, and other losses. This case highlights the importance of working closely with an experienced lawyer who can quickly determine whether the FELA claim is justified.
Radioactive Substances
Railroad workers who have been exposed to radioactive substances are at risk of developing certain types of cancers and other serious ailments. The substances are usually hidden in the materials railroads employ to clean tracks and other rail yards. It is often difficult to identify them unless the railroad's company checks for alpha and Gamma radiation. If a railroad worker is diagnosed with cancer or another illness caused by exposure to carcinogenic materials on the job, he may file an FELA and receive compensation from his former employer.
Railroad workers are more prone than others to develop cancer. They are constantly exposed to chemicals that can cause lung cancer. This includes asbestos and Sand (silica) as well as welding fumes and diesel.
A lawyer for railroads is recommended to be consulted as soon as possible by railroad workers who have been diagnosed with cancer because of exposure on the job. They can help them determine whether they have a claim against the former employer and file the appropriate lawsuits that are based on FELA. These claims may include compensation for medical expenses, loss of income, as well as pain and discomfort. Additionally, they may compensate for the loss of a loved one in a wrongful death case. A skilled railroad attorney can assist victims get the maximum amount of damages they are entitled to under FELA.
FELA
Conductors, engineers and train crew members work in hazardous situations where they may damage their lungs, without even realizing it. If a former railroad employee has been diagnosed with an illness such as lung cancer or another illness that could have been related to their work and work, they could be eligible to claim compensation under the Federal Employers Liability Act (FELA).
In contrast to workers' compensation, FELA allows railroad workers who are injured to sue. This includes future and past emotional and medical expenses. An attorney who is familiar with FELA regulations can explain to you your options.
In order to prevail in a FELA claim you must show that your employer was negligent. Negligence could mean breaking a law or rule, failing to meet an acceptable standard of care, and so on. A skilled FELA lawyer will review your case to determine whether the railroad's negligence caused your condition.
Several different types of lung diseases and illnesses could be linked to railroad exposures. If you were exposed to diesel exhaust, asbestos, creosote or any other toxic substances during your work on the railroad, a mesothelioma lawyer who is experienced can assist you in obtaining compensation under FELA. Hughes Law Offices has handled FELA cases in the past, and have resulted in various verdicts and settlements.