FELA and Railroad Lawsuits
Railroad workers who are exposed to toxic chemicals, such as diesel exhaust fumes, coal vapors, benzene or asbestos are at risk of developing serious illness like cancer. A successful FELA claim could provide compensation for medical expenses, income loss pain and suffering, among other things.
A railroad worker suffering from leukemia recently received $7.5 million from Union Pacific. This is just one instance of the justice system standing up for the victims.
Benzene
Railroad workers are frequently exposed to dangerous substances and chemical solvents, such as benzene. Benzene, a highly-evaporative liquid is absorbed through the skin or inhaled. union pacific railroad lawsuit has been linked to a range of medical diseases, such as cancer, blood cancers such as lymphoma and leukemia, as well as bone marrow diseases. It can also be a cancer-causing agent and a component in coal tar creosote, which is used to protect railroad tie from heat, sunlight and rain.
A former rail worker claimed that his exposure to benzene from working with coal tar creosote railroad ties triggered Myelodysplastic Syndrome (MDS), which progressed into Acute Myeloid Leukemia. A jury handed him $7.5 million in September.
Those who have been diagnosed with cancer or other chronic diseases because of exposure to benzene asbestos radioactive substances as well as other hazardous chemicals, are entitled to claim compensation under FELA. Depending on the type of cancer or illness the time limit for filing a claim could differ, so it is crucial to consult with a knowledgeable lawyer as soon as possible.
Shaw Cowart's railroad lawyers can help you determine if your case is eligible to be an FELA lawsuit. We provide no-cost consultations and are familiar with FELA railway workplaces, FELA and the dangerous cancer-causing substances many railroad employees are exposed to on a daily basis.
Asbestos
Our attorneys have represented railroad workers who were diagnosed with lung cancer and other health issues due to asbestos exposure. They often worked in areas such as repair shops, engine rooms and yards, on derailed rail cars or track equipment with deteriorating asbestos insulation. This type of asbestos is particularly hazardous because, when it gets deteriorated, tiny fibers are released into the air. The fibers are breathed in by railroad workers and could cause mesothelioma or lung cancer as well as asbestosis and pleural plaque.
Railroad workers are at the risk of developing lung cancer due to diesel exhaust, silica sand and welding fumes. These particles and fumes could cause damage to the kidneys, lungs and gastrointestinal tract as well as blood cells. These injuries are usually discovered after years of exposure and can cause many severe and debilitating medical conditions.
A recent case against Conrail exposes the dangers of this kind of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail, the railroad company, in respect of a former railway worker who was diagnosed with mesothelioma. A jury awarded damages for suffering and pain, loss of companionship, future medical expenses and other expenses. This case emphasizes the importance of working closely with an experienced attorney that will quickly determine if a FELA claim is legitimate.
Radioactive Substances
Railroad workers exposed to radioactive substances are at risk of developing certain types of cancers and other serious ailments. These substances are typically hidden in the materials railroads employ to clean tracks and other rail yards. It can be difficult to identify them unless the railroad's business actively examines for alpha and Gamma radiation. If a railway worker develops cancer or another disease caused by exposure to carcinogenic materials while on the job, he could make an FELA and receive compensation from the former employer.
Studies have shown that railroad workers are more likely to develop different types of cancers than other people. This is due to the fact that they are constantly exposed to toxins that could cause lung cancer, such as asbestos and Sand dust (silica), welding fumes, diesel fumes and creosote.
A railroad lawyer is recommended to be consulted as soon as possible by railroad workers who are diagnosed with cancer because of exposure during their work. They can assist them in determining if there is a claim against the former employer and file the appropriate lawsuits in accordance with FELA. These claims can include reimbursement for medical expenses, loss of income, discomfort and pain. In addition, they can compensate for the loss of a loved one as part of a wrongful death case. An experienced railroad attorney will assist victims to receive the full amount of damages they are entitled to, under FELA.
FELA
Railroad workers like engineers, conductors, and train crew members are often in dangerous environments that can harm lungs without realizing it. If a former railroad worker has contracted an illness, such as lung cancer or another disease that could be connected to their job or work, they may be eligible to file for compensation under the Federal Employers Liability Act (FELA).
Contrary to claims for workers' compensation, FELA allows injured railroad employees and the families of deceased employees to sue for damages including future and past emotional and medical expenses. A lawyer familiar with the regulations under FELA can explain your options for filing.
To be successful in a FELA claim you must show that your employer was negligent. It could be a matter of breaking a rule or law or not meeting the standard of reasonable care and more. A competent FELA lawyer could review your case to determine whether the railroad's negligence was a factor in the triggering of your condition.
Railroad exposure can cause variety of lung diseases. If you were exposed during your railroad work to diesel exhaust or other toxins like creosote and asbestos or creosote mesothelioma lawyers can help you file claims for compensation under the FELA. Hughes Law Offices has handled FELA cases in the past, and have resulted in a variety verdicts and settlements.