FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both present and former, the right to sue their employer in the event that they develop cancer, or another chronic condition as a result of exposure to benzene fumes diesel fumes and other carcinogens. Call today for a free consultation with an experienced railroad lawyer today.
FELA Lawsuits
Every day railroads transport people, products, and services across the nation. These huge systems require an enormous number of railroad workers to operate and manage. Despite advancements in technology, the job of a railroad employee remains extremely risky. The Federal Employers Liability Act was created to ensure that railroad workers are not injured.
Unlike workers' comp, which is a no-fault system and no-fault, claimants must prove their railroad employer was negligent in order to receive compensation under FELA. This is typically done by showing that the railroad's conduct was in violation of a federal standard such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is typically easier to prove in FELA lawsuits than in other types of personal injury claims or workers comp cases. This is because of the concept of comparative negligence, which allows individuals to seek compensation regardless of whether their actions caused their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to investigate the evidence in these cases. Because the timeframe for filing an FELA claim is very limited so it is crucial to seek out an attorney early enough after your injury. This gives us time to collect documents, statements and other evidence. Contact us today to schedule a consultation with an attorney for railroad litigation.
union pacific railroad lawsuit to Carcinogens
Railroad workers are susceptible to contracting illnesses as a result of exposure to toxic chemicals. For a long time, railway workers have been exposed to welding fumes, diesel fumes and asbestos, lead silica, creosote, and asbestos. This is why these chemicals can cause cancer as well as other illnesses in railroad workers. If a current or former railroad employee develops a disease that is directly attributable to the chemicals they were exposed to on the job and is unable to cure it, they could be eligible to bring an FELA lawsuit.
Many studies have shown that railroad workers have a higher risk of cancer than workers in other occupations. Some of the most prevalent kinds of cancers found in railroad workers are throat, esophageal and lung cancers, as well as basal cell carcinomas on the neck and head.
Benzene is one of the most frequently used carcinogens which railroad workers are exposed. Benzene is a colorless gas that has a sweet smell. It was banned in the United States more than 20 years ago but is still present in crude oil, gasoline and diesel exhaust. It is also a component in some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. The lawsuit alleges that the railroad and the city contaminated the area with toxic chemicals from the rail yard of the railroad. Giles lived only a couple blocks from the rail yard as well as the creosote treatment sites.
Cancer Symptoms
Railroad transportation is crucial to the American economy. Every year, America's railroads carry 30 million passengers as well as 1.6 billion tons of freight, including food timber crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed to a diverse range of hazardous materials, and many develop illnesses such as cancer as the result. A FELA injury lawyer could assist you in filing a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell carcinoma, a type of skin cancer. He claims that his exposure to sunlight and creosote infused railroad connections between 1968 and 2009 caused the condition. He also claims that the equipment he was provided with was not the correct safety equipment to shield him from workplace hazards.
LaTonya Paige, a third plaintiff who claims that her breast cancer was the result of her work at the Union Pacific rail yard. The Houston resident said she first noticed an area of breast cancer in 2016. The lump was later found to be malignant when doctors removed it. The cancer has expanded from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor has requested the Biden administration to seek fines and orders for cleanup of the Union Pacific site in his city. The site was used up to the 1980s to store railroad ties made of wood which were treated with creosote, which is a chemical blend of coal tar as well as other toxic chemicals. Bladder cancer lawsuit released in January by Texas health officials identified the area as a source of clusters of acute myeloidleukemia, colon, bladder, lung and rectal cancers, as well as rheumatoid arthritis.
Symptoms of Other Diseases
Railroad workers are exposed to a variety of health risks, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation if their employer breaks the law. Chaffin Luhana is committed to helping victims receive the full amount of compensation they deserve.
According to research, those working in the railroad sector are more at risk of developing cancer. If the workers are working in locomotives or working in yards, they are typically exposed to harmful chemicals. A study showed that railroad workers exposed to diesel exhaust had a higher risk of lung cancer. Benzene is another chemical that has been associated with cancer among railroad workers. It is found in many degreasers, solvents and other products used by the rail industry. It is also found in diesel exhaust and has been proven to cause non Hodgkin lymphoma among railroad workers.
In September the month of September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. Bladder cancer lawsuit was employed at Chicago and North Western Railroad and then Union Pacific Railroad Company for many years. He claimed that he was not required to wear protective equipment when putting in railroad ties that were soaked in creosote. He also claimed to have been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic syndrome (MDS) which later progressed to acute myeloid leukemia.