A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you think that exposure to these chemicals during work caused cancer, you could be entitled compensation.
The FELA law allows railroad workers to sue their employers for negligence. Contact a dedicated railroad lawsuit acute myeloidleukemia lawyer for more details.
Benzene Exposure
Benzene is a colorless, toxic gas that can cause cancer in individuals who are exposed for prolonged periods of time. It is produced in the environment and also by gas emissions and tobacco smoke. The skin can also absorb the benzene. A railroad worker who has developed cancer because of exposure to benzene may be eligible to file a claim against their employer to receive compensation.
In one case, the widow of a railroad employee who died was awarded $1,500,000 by the company that employed her husband. Her late husband worked as pumpman on a variety of tankers in the 1970s and 1980s and was often exposed to benzene. His wife filed a suit for unjustified death against the vessel's owner after he passed away in 1995 from acute myeloid lymphoma.
Acute myeloid cancer is a cancer that is rapidly spreading and can be fatal within a few months of diagnosis if it's not treated. The majority of cases, it is treated with chemotherapy. However, in some cases, targeted therapy and radiation might be employed.
We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed to have suffered injury to their brain from solvent-induced exposure throughout their 23-year journey on the railroads. The defense provided expert evidence on medical causation and industrial hygiene and the jury determined that the work environment of the railroad was relatively safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals used to protect wood, such as railroad ties. It is a mixture of known carcinogens such as polycyclic aromatic hydrocarbons (PAHs). The PAHs that are found in creosote may be taken up through the surface of the skin or ingested by drinking water that has been affected by this chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Creosote inhalation can trigger a variety of symptoms such as eye irritation, respiratory irritation, and nausea and vomiting. It can cause skin burns of the second and third degrees. The coal tar creosote contains composed of PAH compounds like naphthalene and other carcinogenic substances like Acenaphthene.
Creosote-related exposure can have a negative impact on the health of workers as well as their families. Certain workers have developed papular base cell carcinomas (common occupational skin cancers) that can spread to different parts of the body. Others have been affected by chronic lung disease the liver fibrosis, esophageal, and esophage, and chronic bronchitis.
The railroad industry isn't always effectively communicate with its employees about the dangers that come with long-term exposure to toxic substances. For instance, it's common for railroad workers to leave diesel-powered locomotives, forklifts and cranes on the road while they work. The engines generate a lot of exhaust fumes, which can be ingested or inhaled through the lung. They also soak rags in benzene-based solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who contract cancer or another chronic disease because of exposure to harmful chemicals like benzene and Creosote, may be entitled compensation for medical expenses and other losses. A New York railroad cancer attorney can assist workers in pursuing claims for damages monetary under the Federal Employers Liability Act, or FELA.
Many diseases resulting from occupational exposures to carcinogenic substances, such as asbestos and diesel fumes, are not apparent until a person is older. In the majority of cases, statute of limitations lasts only three years following the first diagnosis. This is why it is vital that any potential victims contact an experienced attorney for railroad accidents as soon as possible after they are diagnosed.
In a lawsuit that was recently filed, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railway employee who had been diagnosed with leukemia following decades of exposure toxic chemicals. The plaintiff claimed that the firm was in violation of FELA for failing to provide their employees with the necessary safety equipment and training.
The jury gave the plaintiff damages of $7.5 million after determining that the cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
class action lawsuit against railroads who have been diagnosed with cancer as a result of exposure to toxic substances at work could be qualified to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that provide medical expenses and loss of wages to the victim, FELA is a statute founded on fault that requires evidence of the railroad's employer not protecting their employees from the dangers that come with chemical exposures.
Railroad corporations often fight FELA claims that involve occupational diseases. Their defense lawyers typically argue that the former employee is unable to pinpoint specific instances of exposures that are harmful. They also point to the lack of official test results indicating the presence of toxins or carcinogens in equipment or parts made and used by the railway company.
A successful FELA claim is compensated for past and future physical suffering and pain as well as loss of enjoyment of life, psychological stress, and other damages. If the victim is killed due to the incident of the incident, the family may bring a wrongful-death lawsuit to receive the compensation.
We collaborate with FELA attorneys to assist railroad employees injured by injuries receive the financial assistance they need. Contact us today to arrange an appointment for a free case assessment. We represent railroad workers across the United States, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.