A Railroad Lawsuit For Acute Myeloid Leukemia Railroad workers typically have long-term exposure to carcinogenic chemical and substances such as asbestos, benzene and creosote. If you've been diagnosed with cancer and believe that your exposure to these chemicals at work caused it, you may be entitled to compensation. The FELA allows railroad workers to sue for negligence. For more information, contact an acute myeloid plaintiff in a railroad lawsuit lawyer. Benzene Exposure It is a colorless, poisonous gas that can cause cancer in people who are exposed for long durations. It is produced naturally in the environment, as well as by gas emissions and tobacco smoke. The human body can also absorb benzene through the skin. A railroad worker who has developed cancer as a result of exposure to benzene might be eligible for compensation in the form of monetary payments from their employer. In one case the widow of a railroad employee who passed away was awarded $1,500,000 by the company that employed her husband. The late husband worked as a pump man on various tankers in the 1970s and 1980s and was exposed to benzene. His wife filed a claim for wrongful death against the vessel owner after he passed away in the year 1995 from acute myeloid lymphoma. Acute myeloid leukemia can be an aggressive type of cancer that can be fatal in just several months if it is not treated promptly. It is usually treated with chemotherapy, but in some instances, radiation and targeted therapy can be employed. We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed injuries to their brains due to solvent-induced exposure over their 23 years on the railways. The defense offered expert testimony by a medical expert regarding causation, industrial hygiene and the jury found that the work environment of the railroad was relatively safe. Creosote Exposure It is a mixture made up of hundreds of chemicals that are used to preserve wood such as railroad ties. It is made up of a variety of known carcinogens that include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote may be absorbent through the surface the skin or ingested by drinking water that has been contaminated with this chemical. PAHs can also be absorbed into the lungs, where they could cause lung cancer. Creosote inhalation can cause several symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and fourth degree burns to the skin. The coal tar creosote compound is a mixture of PAH compounds that include naphthalene, naphthalene, and other carcinogenic substances like acenaphthene. Creosote exposure can impact the health of employees and their families and their families, as well. Some workers have developed papular base carcinomas (common occupational skin cancers) which may expand to different areas of the body. Others have been affected by chronic lung disease the liver fibrosis, esophageal, and esophage and chronic bronchitis. In many cases, the railroad industry does not adequately inform employees on the dangers of a long-term exposure to toxic substances. It is not uncommon for railroad employees to leave diesel locomotives, cranes, or forklifts running while working. Diesel exhaust from these engines can be inhaled or ingested. They also soak rags in benzene that contains solvents to clean machinery and tools. Worker's Compensation Railroad workers who contract cancer or develop another chronic disease because of exposure to toxic chemicals such as benzene or Creosote may be eligible for compensation for medical expenses and other losses. A New York railroad cancer lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) for damages in the form of money. Many of the ailments that result from occupational exposure to carcinogenic substances like diesel fumes, asbestos and silica do not show up until a person is older. Thus, the statute of limitations in most cases only runs for three years from the time a person is first diagnosed with the illness. It is therefore crucial that victims get in touch with an attorney who handles railroad injuries as soon as they can after being diagnosed. In lawsuits against union pacific railroad , Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway worker who was diagnosed with leukemia after decades of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA in failing to provide their employees with the necessary safety equipment and training. The jury gave the plaintiff damages of $7.5 million after finding that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote, benzene and other degreasing agents. FELA If a former railway worker is diagnosed with cancer due to exposure to toxic substances while at work or at work, they can make a claim under the Federal Employers Liability Act, or FELA. Unlike workers' compensation statutes that offer victims medical expenses and some lost wages, FELA is a fault-based statute that requires proof that the railroad employer did not adequately protect its employees from the dangers of chemical exposures. Railroad companies frequently fight FELA lawsuits that concern occupational diseases. Their defense attorneys commonly claim that the sick former employee isn't able to identify specific instances of exposure to harmful substances. They also point out the absence of test results from an official laboratory that show the presence of toxins or carcinogens within equipment or parts used by the railway company. A successful FELA claim is paid for future and past physical suffering and pain as well as loss of enjoyment of life, psychological distress and other related damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim could be filed to recover the compensation of the deceased's family members. At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to assist injured railroad workers receive the financial help they require. Contact us for an evaluation of your case at no cost. We represent railroad workers throughout the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.
lawsuits against union pacific railroad