FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, former, and retired railroad workers the right to file a lawsuit against their employer if they suffer from cancer or suffer from another chronic illness through exposure to benzene, creosote, carcinogens, and diesel fumes. Call for a free consultation with an experienced railroad lawyer today.
FELA Lawsuits
Every day, railroads transport people, goods, and services across the country. It takes a significant number of railroad workers to run and manage these huge systems. The job of a rail worker is extremely dangerous, despite technological advances. As such, the Federal Employers Liability Act (FELA) was enacted to safeguard railroad workers who are injured.
In contrast to workers' compensation, which is a no fault system, those who claim under FELA must prove that their railroad's employer was negligent in order to receive a payment. Generally, this is done by proving that the railroad violated some federal norm, for example the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is usually simpler to prove in FELA lawsuits than it is in other types of personal injury claims or workers claims. This is because of the standard of comparative negligence which allows plaintiffs to seek damages even if their own actions caused their injuries.
Shaw Cowart's lawyers have extensive experience with FELA claims, and they know how to investigate evidence in these cases. It is essential to engage a lawyer as early as possible after your injury since the time period for filing an FELA claims is limited. This allows us time to gather documents, statements and other evidence. Contact us today to set up a a consultation with an attorney representing railroads.
Exposure to carcinogens
Railroad workers are at risk of contracting a variety of diseases from exposure to toxic chemicals and toxins on the job. For a long time, railroad workers have been exposed to diesel fumes and asbestos, lead silica, creosote, and silica. These chemicals can cause cancer or other diseases among railroad workers. If a former or current railroad employee suffers from an illness that is directly attributable to the chemicals they were exposed to while working and is unable to cure it, they could be eligible to file a FELA lawsuit.
Numerous studies have found railroad workers to be more likely to develop cancer than other jobs. Some of the most prevalent kinds of cancers found in railroad workers are throat, esophageal, lung cancers, as well as basal cell carcinomas that affect the neck and head.
One of the most prevalent carcinogens railway workers are exposed to is benzene. It has a pleasant smell and is a colorless, odorless gas. It was banned more than 20 year ago in the United States, but it is still present in diesel and crude oil exhaust. It is also an ingredient in a variety of solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. The lawsuit claims that the railroad and the city affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived just a few blocks from the railyard and creosote-treatment site.
Symptoms of Cancer
Railroad transportation is critical to the American economy. Every year, America's railroads carry 30 million passengers as well as 1.6 billion tons of freight, which includes food and lumber, crude oil, grain, automobiles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a broad variety of dangerous substances and suffer from illnesses such as cancer as the result. A FELA injury lawyer could assist you in filing a lawsuit 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 his exposure to sunlight radiation and creosote-coated railroad ties between 1968 and 2009 caused the condition. He also claims he did not have the proper safety equipment to protect oneself from the hazards of his job.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on an Union Pacific track yard. The Houston resident claims she first noticed an area of breast cancer in 2016. When doctors removed the mass and found it was malignant. The cancer has been able to spread to her lymph nodes, lungs the liver, and esophagus.
The Houston mayor has contacted the Biden administration to seek fines and orders to clean up of the Union Pacific site in his city. The site was used up to the 1980s to store wooden railroad ties which were treated with creosote an organic mixture of coal tar and other poisonous chemicals. A study published in January by Texas health officials connected the area to clusters of acute myeloidleukemia lung, bladder, colon and rectal cancers, as also Rheumatoid Arthritis.
Other diseases may also have symptoms.
Railroad workers are at risk of numerous health risks, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer breaks the law. Chaffin Luhana is committed to helping these victims receive the maximum amount of the compensation they're entitled to.
Studies have shown that people working in the railway industry are more likely to develop various types of cancer. When workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. A study showed that railroad workers exposed to diesel exhaust had a greater risk of developing lung cancer. blacklands railroad lawsuit is a different chemical that has been associated with cancer in railroad workers. It is present in a variety of solvents, degreasers and other products used by the railway industry. It is also present in diesel exhaust, and is believed to cause non Hodgkin lymphoma among rail workers.
In September the month of September, a jury awarded $7.5 million to a railroad employee who developed leukemia. The plaintiff worked for Chicago and North Western Railroad and later for Union Pacific Railroad Company, for a long time. He claimed that he didn't wear protective equipment when putting in railroad ties soaked in creosote. He also alleged that he was exposed to degreasing solvents and lead. He was diagnosed with myelodysplastic syndrome (MDS) that eventually developed into acute myeloid leukemia.