A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you believe that exposure to these chemicals while working has caused cancer, you may be entitled compensation.
The FELA law allows railroad employees to sue their employers for negligence. Contact a specific railroad lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer if exposed to for a prolonged period. It is naturally produced in the environment, as well as through the combustion of gas and smoking tobacco. The skin can also absorb benzene. A railroad worker who has been diagnosed with cancer as a result of exposure to benzene might be eligible to file a claim against their employer for monetary compensation.
In one case the widow of a railroad employee who passed away was awarded $1,500,000 by the company which employed her husband. Her husband, who died in 1995, was a pumpman on various tankers in the 1970s as well as the 80s. He was frequently exposed to benzene, a toxic chemical. His wife filed a suit for wrongful death against the vessel's owner following his passed away in 1995 from acute myeloid lymphoma.
Acute myeloid cancer is a type of cancer that spreads quickly and can be fatal within the first few months after diagnosis if it isn't treated. It is usually treated with chemotherapy. However, in certain cases, targeted therapies and radiation may be used.
We secured defense verdicts in two cases where plaintiffs claimed that they suffered brain damage due to exposure to solvents over their 23-year rail career. The defense offered expert testimony by a medical expert regarding causality, industrial hygiene and the jury ruled that the workplace of the railroad was fairly safe.
Creosote Exposure
It is a mixture composed of hundreds of chemicals that are used to preserve wood such as railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs in creosote are in the skin and can be inhaled through drinking water that is contaminated by the chemical. PAHs can be absorbed into lungs, where they could cause lung cancer.
Inhalation exposure to creosote can cause a variety of symptoms, including respiratory irritation, eye problems as well as nausea and vomiting. It can cause skin burns that are of the third and second degrees. The coal tar creosote contains composed of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds such as Acenaphthene.
Creosote-related exposure can be detrimental to the health of workers as well as their families. Certain workers have developed papular basis cell carcinomas (common occupational skin cancers) that may be spread to other parts of the body. Others have been affected by chronic asthma, esophageal esophagus ulcers, and fibrosis of the lungs and liver.
The railroad industry doesn't always effectively inform its employees regarding the dangers associated with long-term exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel locomotives or forklifts running while working. Diesel exhaust from these engines could be inhaled and consumed. They also soak rags in benzene-based solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or a chronic illness due to exposure to toxic chemicals like creosote or benzene may be entitled to compensation for medical expenses and other losses. A New York railroad cancer attorney could assist those seeking claims for damages monetary under the Federal Employers Liability Act, or FELA.
Many ailments related to exposure to carcinogenic substances such as diesel fumes, asbestos and silica are not likely to develop until a worker is older. Therefore the statute of limitations in most cases only runs for three years after someone is first diagnosed with the disease. This is why it is vital that any potential victims contact an experienced attorney for railroad accidents within the first few days after being diagnosed.
In a case that was recently heard, Napoli Shkolnik PLLC successfully defended an action brought against our client by a former railway employee who was diagnosed with leukemia following years of exposure to toxic chemicals. The plaintiff claimed the company was in violation of FELA for failing to provide their employees with the required safety equipment and training.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed harmful chemicals such as benzene, creosote, and degreasing solvents when working for the company.
FELA
If a former railway worker is diagnosed with cancer as a result of exposure to toxic chemicals during their work and is diagnosed with cancer, they can file a claim under the Federal Employers Liability Act, or FELA. Unlike workers' compensation statutes that offer victims medical expenses and some loss of wages, FELA is a fault-based law that requires proof that the railroad's employer did not adequately protect its employees from the dangers of chemical exposures.
Railroad companies frequently fight FELA lawsuits that concern occupational diseases. Defense lawyers usually claim that the sick former employee is unable to pinpoint specific instances of exposures that are harmful. They also point out the lack of official test results indicating the presence of toxic substances or carcinogens in equipment or components manufactured and used by the railway company.
In the event of a successful FELA claim the family members of the victim are entitled to compensation for their past and future pain and suffering, loss in enjoyment of life, mental suffering, and other damages. If the victim dies due to their injuries, a wrongful death claim could be filed to collect compensation for the deceased person's family members.
We collaborate with FELA attorneys to help railroad employees injured get the financial help they require. Contact us today to arrange an appointment for a free case assessment. railroad lawsuit settlements represent railroad workers across the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.