A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers frequently have prolonged exposure to carcinogenic chemicals and substances such as creosote or benzene as well as asbestos. If you believe that exposure to these chemicals while working caused your cancer, you may be entitled compensation.
The FELA law allows railroad workers to sue their employers for negligence. Contact cancer lawsuits dedicated railroad lawsuit acute myeloid leukemia lawyer for more information.
Benzene Exposure
Benzene is a colorless, poisonous gas that can cause cancer to people who are exposed over long periods of time. It is naturally produced in the environment, and also by gas emissions and smoking tobacco. Skin can also absorb the benzene. A railroad worker who developed cancer due to exposure to benzene may be able to receive monetary compensation from their employer.
In one case, a deceased railroad employee's widow was awarded $1,500,000 in damages from the company which employed him. The deceased husband was a pumpman on various tankers throughout the 1970s and 80s. He was regularly exposed to benzene, a toxic chemical. His wife filed a claim for the wrongful death of the vessel's owner after he passed away in the year 1995 from acute myeloid lymphoma.
union pacific railroad lawsuit is a form of cancer that can spread quickly and could be fatal within the first few months after diagnosis if it isn't treated. The majority of patients are treated with chemotherapy, however in certain cases radiation or targeted therapy might be utilized.
We have obtained defense verdicts in two cases, where plaintiffs claimed brain injury from solvent-induced exposure over their 23-year journey on rail. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury determined that the railroad's workplace was reasonably safe.
Creosote Exposure
It is a mixture comprised of hundreds of chemicals used to preserve wood, such as railroad ties. It is a mixture of carcinogens which are well-known which include polycyclic aromatic hydrocarbons (PAHs). Creosote's PAHs are in the skin and can be ingested via drinking water that is contaminated by the chemical. PAHs can also be absorbed into the lungs where they can cause lung cancer.
Creosote can trigger many symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause skin burns of the third and second degrees. Leukemia lawsuit consists of a number of PAH compounds such as naphthalene and acenaphthene, fluorene, and phenanthrene and fluorene, all of which are carcinogenic.
Exposure to creosote can affect the health of workers and their families, as well. For example, some workers have developed basal cell cancers of the papular type that are common skin cancers that can spread to other regions of the body. Other sufferers have had chronic bronchitis, esophageal ulcers, and fibrosis of the liver and lungs.
The railroad industry often fails to communicate adequately with employees about the dangers of a long-term exposure to toxic substances. For instance, it's common for railroad workers to leave diesel-powered locomotives, forklifts and cranes in operation while they work. The engines generate a lot of diesel exhaust that is ingested and breathed in through the lungs. They also soak rags in benzene containing solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness resulting from exposure to toxic chemicals like benzene and creosote may be entitled to compensation for their medical expenses and other losses. A New York railroad cancer lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) for monetary damages.
Many diseases resulting from exposure to carcinogenic substances in the workplace, such as diesel fumes and asbestos, are not evident until a person reaches a certain age. In the majority of cases, statutes of limitations only last three years after the first diagnosis. This is why it is vital that anyone who is a potential victim contact an experienced lawyer for railroad injuries as soon as they can after being diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway worker who was diagnosed with leukemia following years of exposure to toxic chemicals. The plaintiff claimed that the firm was in violation of FELA in failing to provide their employees with the required safety equipment and training.
The jury gave the plaintiff $7.5 million in damages, after determining that his cancer was linked to his job on the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals such as creosote, benzene and other degreasing agents.
FELA
If a former railway worker is diagnosed with cancer due to exposure to toxic substances while during their work or at work, they can be able to file a claim under Federal Employers Liability Act, or FELA. In contrast to workers' comp laws which offer victims medical expenses and a portion of lost wages, FELA is a fault-based law that requires evidence that the railroad company did not protect its employees from the dangers of chemical exposures.
Railroad companies are often involved in fighting FELA claims that involve occupational diseases. Defense attorneys typically claim that the former employee isn't able to pinpoint specific instances of unhealthy conditions. They also point out the absence of tests conducted by the government that prove the presence or carcinogens or chemicals in the parts or equipment used by the railway.
A successful FELA claim is paid for future and past physical pain and suffering in addition to loss of enjoyment life, psychological distress and other damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim can be pursued to seek compensation for the deceased person's family members.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers get the financial help they require. Contact us today to arrange a free case evaluation. We represent railroad workers across the United States including New York City, Boston and Hartford, St. cancer lawsuits and Denver among others.