FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, previous and retired railroad workers the right to file a lawsuit against their employer when they develop cancer or other chronic illnesses through exposure to benzene, creosote and carcinogens like diesel fumes, and other. Call for a free consultation with a knowledgeable railroad lawyer today.
FELA Lawsuits
Railroads transport goods, services, and people throughout the country every day. These massive systems require a lot of railroad workers to run and manage. The work of a railroad worker is extremely dangerous despite the technological advancements. The Federal Employers Liability Act was put in place to protect railroad workers who are injured.
Unlike workers' compensation, which is a no-fault system the claimants who are covered under FELA must prove that their railroad's employer was negligent to be eligible for payment. This is typically done by showing that the railroad violated the federal standard, such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than other personal injury lawsuits. This is due to the pure the concept of comparative fault, which allows workers to receive damages regardless of whether they caused their injuries.
Shaw Cowart's lawyers have vast experience with FELA claims and know how to look into the evidence in these cases. It is essential to retain a lawyer as soon as you can after your injury because the deadline for filing a FELA claims is short. This allows us to gather statements as well as documents, records, and other evidence before it disappears. Contact us to set up a one-on-one consultation with an attorney skilled in railroad litigation today.
Exposure to Carcinogens
Railroad workers face the danger of contracting many of illnesses due to exposure to toxic chemicals and toxins working. Railroad employees have been exposed for years to diesel fumes, welding fumes, and welding fumes. They also are exposed to asbestos, lead silica, creosote and creosote. In turn, these chemicals can cause cancer as well as other illnesses among railroad employees. If a past or current railroad employee has an illness directly related to the chemicals that they were exposed to in their job and is able to make an FELA suit.
Numerous studies have revealed that railroad workers suffer from a higher rate of cancer than those in other jobs. The most frequent types of cancers that occur among railroad workers are throat, esophageal, lung cancers as well as basal cell carcinomas on the neck and head.
Benzene is among the most common carcinogens to which railroad workers are exposed. The gas is colorless and that has a sweet odor. It was banned more than 20 years ago in the United States, but it is still found in diesel and crude oil exhaust. It is also a component of certain solvents and degreasers. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew was diagnosed with leukemia. The suit claims that the railroad and city polluted the neighborhood with toxic chemicals that came from the railroad's rail yard. Giles lived just a few blocks away from the railyard and creosote-treatment site.
Cancer The Symptoms
Railroad transportation is crucial to the American economy. The railroads in America transport 30 million passengers every year and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as well as vehicles chemical, metal ore and. A FELA injury lawyer can help you file an action against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, which is a kind of skin cancer. He claims that exposure to sun radiation and creosote-coated railroad ties from 1968 until 2009 caused the condition. He also claims that he was not provided with the right safety equipment to shield him from workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on a Union Pacific track yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in the year 2016. When doctors removed the mass and found it was malignant. The cancer has spread to her lymph nodes, lungs the esophagus and liver.
The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located in the city. railroad controls limited lawsuit was used for storage of railroad tie made from wood treated with coal tar as well as other toxic chemical mixtures up to the 1980s. In a report 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.
Other diseases may also have symptoms.
Railroad workers are at risk of developing serious health problems, particularly if they are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation when their employer violates the law. Chaffin Luhana is dedicated to ensuring that these victims receive the maximum amount of compensation they are entitled to.
Studies show that workers in the railway industry are more likely to develop various forms of cancer. Workers are exposed to harmful chemicals whether they are working in locomotives or in yards. For example, a study shows that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Benzene is another chemical that has been linked with cancer in railroad workers. It is found in a variety of solvents, degreasers and other products used by the railway industry. It is also a component of diesel exhaust and is known to cause non-Hodgkin lymphoma in railroad workers.
In September the month of September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff was employed by Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for a long time. He claimed that he did not wear protective equipment while installing railroad tieways that were soaked with creosote. He also claimed that he had been exposed to degreasing agents and lead. He was diagnosed with myelodysplastic Syndrome (MDS) that eventually became acute myeloid Leukemia.