FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) allows current, former railway workers, as well as retired workers the right to file a lawsuit against their employer when they develop cancer or other chronic illnesses due to exposure on the job to benzene, creosote, carcinogens like diesel fumes, and other. Contact us today for a complimentary consultation with a knowledgeable railroad lawyer.
FELA Lawsuits
Every day railroads transport people goods, and other services across the nation. It takes a large number of railroad workers to operate and manage these massive systems. Despite advancements in technology, the job of a railroad employee is extremely dangerous. This is why the Federal Employers Liability Act (FELA) was enacted to safeguard railroad workers who have been injured.
In contrast to workers' compensation which is a no-fault system, those who claim under FELA must demonstrate that their railroad's employer was negligent to receive a payment. This is typically accomplished by proving that the railroad violated an enforceable federal standard like the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than other personal injury cases. This is due to the pure the concept of comparative fault, which allows workers to receive damages even if they were the cause of their injuries.
Shaw Cowart's attorneys have extensive experience with FELA claims, and they know how to examine the evidence in these cases. Since the time for filing an FELA claim is very limited It is essential to seek out an attorney as soon as possible after your injury. This gives us time to gather documents, statements and other evidence. Contact us today to arrange a consultation with an attorney who handles railroad litigation.
Exposure to carcinogens
Railroad workers are at danger of contracting a range of diseases from exposure to toxic chemicals and toxins while on the job. Railroad workers have been exposed for decades to diesel fumes, welding fumes, and welding fumes. They are also exposed to asbestos, lead silica, creosote, and creosote. This is why these chemicals can cause cancer as well as other illnesses among railroad employees. If a former or present railroad employee develops an illness that is directly attributed to the chemicals they were exposed to during their work, they may be eligible to start a FELA lawsuit.
Numerous studies have found railroad workers to be more susceptible to developing cancer than other occupations. Some of the most common types of cancers seen in railroad workers include throat, esophageal and lung cancers, as well as basal cell carcinomas of the head and neck.
Benzene is one of the most prevalent carcinogens to which railroad workers are exposed. It has a sweet scent and is an odorless, colorless gas. It was banned over 20 year ago in the United States, but it can still be found in crude oil and diesel exhaust. It is also an ingredient in a variety of solvents and degreasers. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew died of leukemia. The suit claims that the railroad and city polluted the area with toxic chemicals that came from the railroad's rail yard. Giles lived only a couple blocks from the rail yard as well as the creosote treatment sites.
Cancer symptoms
Railroad transportation is essential to the American economy. Each year, America's railways transport 30 million people and 1.6 billion tons of freight, which includes food timber crude oil, grain, automobiles, chemicals, crushed stone and metal ore. Railroad workers are exposed to a broad range of hazardous substances, and many develop illnesses like cancer as a result. A FELA injury attorney can help you file a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell carcinoma, a kind of skin cancer. He says his exposure to sun radiation and creosote-coated railroad ties from 1968 until 2009 contributed to the condition. He also claims that he did not receive the proper safety equipment to protect oneself from the hazards of his job.
class action lawsuit against norfolk southern railroad , a third plaintiff asserts that her breast cancer was caused by her work at an Union Pacific rail yard. Houston resident LaTonya Payne first noticed a lump on her breast in 2016. When doctors removed the mass, they found that it was malignant. The cancer has spread from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located in the city. The site was used to store railroad tie made of wood treated with coal tar and other poisonous chemical compounds until the 1980s. In a study released by Texas health officials in January, the region was associated with clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers, and rheumatoid arthritis.
Signs and symptoms of other Diseases
Railroad workers face many health risks, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to pursue compensation when their employer violates the law. Chaffin Luhana is committed to ensuring these victims receive the maximum amount of compensation they are entitled to.
According to studies, people who work in the railroad industry are more prone to developing cancer. When workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. For example an investigation has shown that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Benzene is a different chemical that has been associated with cancer among railroad workers. It is found in many degreasers, solvents and other products used in the rail industry. It is also a component in diesel exhaust and is known to cause non-Hodgkin's 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 as well as the Union Pacific Railroad Company, for a long time. He claimed he worked without protection equipment when he was installing railroad ties that were soaked in creosote. He also claimed that he was exposed to cleaning solvents and lead. He had myelodysplastic Syndrome (MDS) that eventually developed into acute myeloid leukemia.