A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers frequently have prolonged exposure to carcinogenic chemicals and substances like creosote, benzene, and asbestos. If you think that exposure to these chemicals while working led to your cancer, you may be entitled to compensation.
The FELA law permits railroad workers to sue their employers for negligence. For more information, speak to an acute myeloid lawsuit railroad lawyer.
Benzene Exposure
It is a colorless, poisonous gas that can cause cancer in individuals who are exposed to it for prolonged durations. It is generated in the environment, as well as by the emission of gas and tobacco smoke. Skin can also absorb the benzene. csx railroad lawsuit who has been diagnosed with cancer as a result of exposure to benzene could be able to file a claim against their employer for compensation in the form of money.
In one instance, a deceased railroad employee's widow was awarded damages of $1,500,000 from the company which employed him. The deceased husband was a pumpman on several tankers in the 1970s and 1980s. He was frequently exposed to benzene's toxic fumes. His wife filed a suit for unjustified death against the vessel's owner following his passed away in the year 1995 from acute myeloid lymphoma.
Acute myeloid cancer is a cancer which spreads rapidly and can be fatal within the first few months after diagnosis if it is not treated. The majority of cases, it is treated by chemotherapy. However, in a few instances, targeted therapy and radiation could be utilized.
We obtained defense verdicts in two cases where plaintiffs claimed they suffered brain injury due to solvent-induced exposure over their 23-year railroad career. The defense provided expert evidence on medical causation, as well as industrial hygiene, and the jury found that the work environment of the railroad was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals that are used to preserve wood, including railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs found in creosote are absorption through the surface of the skin, or ingested by drinking water that has been polluted with this chemical. PAHs are also absorbed through the lungs, where they may cause lung cancer.
Creosote inhalation may trigger a variety symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns of the second and third degrees. Coal tar creosote has a variety of PAH compounds that include naphthalene, acenaphthene, fluorene, and phenanthrene All of them are carcinogenic.
Creosote exposure could affect the health of the workers and their families and their families, as well. For instance, certain workers have developed basal cell tumors papular that are common skin cancers that can spread to other regions of the body. Others have suffered from chronic bronchitis, esophageal ulcers, and fibrosis of the lungs and liver.
The railroad industry does not always effectively communicate with its employees about the dangers that come with long-term exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel engines, or forklifts running while working. Diesel exhaust from these engines could be inhaled and consumed. They also dunk rags in solvents that contain benzene for cleaning machinery and tools.
Workers' Compensation
Railroad workers who contract cancer or other chronic diseases because of exposure to toxic chemicals, such as benzene and Creosote could be entitled to reimbursement for medical expenses and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many illnesses that are triggered by occupational exposure to carcinogenic substances such as diesel fumes, asbestos and silica do not develop until a worker is older. In the majority of cases, statute of limitations lasts only three years after the first diagnosis. This is the reason it is crucial that potential victims get in touch with an experienced railroad injury lawyer as soon as they can after they are diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an ex-railway employee who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA by failing to train their employees and provide them with the appropriate safety equipment.
The jury awarded the plaintiff damages of $7.5 million after determining that the cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed to a variety of toxic chemicals including benzene, creosote and degreasing solvents while working for the company.
FELA
Former railroad employees who are diagnosed with cancer as a result of exposure to toxic substances at work could be able to claim compensation under the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which cover medical expenses as well as lost wages to victims, FELA is a statute based on fault, which requires proof of the railroad employer not protecting their employees from the dangers that come with chemical exposures.
Railroad companies are often involved in FELA lawsuits that involve occupational diseases. Defense lawyers often argue that the former employee isn't able to pinpoint specific instances of health issues. They are also critical of official tests that show the presence of carcinogens, or contaminants in parts or equipment employed by railways.
If you win a FELA claim, the victim's family members may be compensated for past and future suffering, loss in enjoyment of life, mental distress and other damages. If the victim dies as a result of their injuries the wrongful death claim can be filed to seek compensation for the deceased person's family members.
We partner with FELA attorneys to help injured railroad employees receive the financial aid they require. Contact us to set up an evaluation of your case at no cost. We represent railroad workers across the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.