A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to substances and chemicals that can cause cancer, including asbestos and benzene. If you think that exposure to these chemicals while working caused your cancer, you may be entitled compensation.
The FELA allows railroad workers to sue for negligence. For more details, talk to an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas is a cancer-causing gas if exposed to for a long period of time. It is produced naturally in the environment, and also through gas emissions and tobacco smoke. The skin also absorbs the benzene. A railway worker who has developed cancer due to exposure to benzene could be eligible to sue their employer for monetary compensation.
In one instance, the widow of a railroad worker who died was awarded $1,000,000 by the company which employed her husband. union pacific railroad lawsuit , who died in 1995, worked as pumpman on a variety of tankers during the 1970s and 80s, and was exposed to benzene. His wife filed a claim for the wrongful death of the vessel's owner following his died in 1995 of acute myeloid lymphoma.
Acute myeloid cancer is a form of cancer that can spread quickly and could be fatal within a few months of diagnosis if it is not treated. It is typically treated with chemotherapy, but in some cases radiation and targeted therapy might be utilized.
We obtained defense verdicts for a class 1 railroad in two cases where plaintiffs claimed injury to their brain from solvent-induced exposure over their 23-year tenure on the railways. The defense provided expert witness testimony on medical causation, industrial hygiene, and the jury concluded that the work environment of the railroad was fairly safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals that are used to protect wood, including railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). The PAHs in creosote can be absorption through the skin and can be inhaled through drinking water contaminated with the chemical. PAHs are also absorbed through the lungs, where they may cause lung cancer.
Creosote inhalation may trigger a variety symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote has a variety of PAH compounds that include naphthalene, acenaphthene as well as fluorene and phenanthrene All of them are carcinogenic.
Creosote exposure can cause negative effects on the health of workers as well as their families. Some workers have developed papular base cell carcinomas (common occupational skin cancers) which may be spread to other parts of the body. Others have suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
The railroad industry doesn't often communicate effectively with its employees about the dangers associated with exposure to long-term toxic substances. It is not unusual for railroad employees to leave diesel locomotives, cranes, or forklifts operating while they work. Diesel exhaust from these engines can be inhaled or ingested. They also immerse rags in solvents that contain benzene for cleaning equipment and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or another chronic illness due to exposure to toxic chemicals like benzene and creosote may be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) for monetary damages.
Many of the ailments that result from exposure to carcinogenic substances in the workplace like diesel fumes asbestos and silica do not show up until a person is older. In the majority of cases, statutes of limitations only last three years following the first diagnosis. It is therefore crucial to contact an attorney for railroad injuries as soon as they can after being diagnosed.
In a lawsuit that was recently filed, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railroad employee who had been diagnosed with leukemia after years of exposure toxic chemicals. The plaintiff claimed that the firm violated FELA for failing to provide their employees with the required safety equipment and education.
The jury gave the plaintiff damages of $7.5 million after finding that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals, including creosote and benzene as well as degreasing agents.
FELA
Former railroad workers who are diagnosed with cancer as a result of exposure to toxic chemicals at work could be qualified to claim compensation under the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws which cover medical expenses as well as loss of wages to the victim, FELA is a statute founded on fault that requires evidence of the railroad company not protecting their employees from the dangers posed by chemical exposures.
Railroad companies frequently fight FELA claims that involve occupational diseases. Their defense lawyers often argue that the ill former employee cannot identify specific instances of exposure to harmful substances. They also point out the absence of official test results that indicate the presence of toxins or carcinogens in the equipment or parts manufactured and used by the railway company.
A successful FELA claim is paid for future and past physical pain and suffering and loss of enjoyment life, psychological suffering, and other related damages. If the victim dies due to the accident, the family can pursue wrongful-death claims to seek the compensation.
We collaborate with FELA attorneys to help railroad employees injured receive the financial aid they require. Contact us today for a no-cost consultation. We represent railroad workers across the country, including New York City, Boston and Hartford, St. Louis and Denver among others.