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 believe that exposure to these chemicals while working has caused cancer, you may be entitled compensation.
The FELA allows railroad workers to sue for negligence. For more details, talk to an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene is a colorless and poisonous gas that can cause cancer in people who are exposed to it over long periods of time. It is produced in the environment and also through the release of gas and tobacco smoke. The skin also absorbs benzene. A railway worker who has developed cancer because of exposure to benzene could be able to sue their employer for compensation.
In one case, the widow of a railroad worker who died was awarded $1,000,000 by the company that employed her husband. Her late husband worked as pumpman on several tankers in the 1970s and 1980s and he was regularly exposed to benzene. After his death from acute myeloidleukemia in 1995 his wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid leukemia is an aggressive cancer that could be fatal within several months if it is not treated promptly. It is usually treated by chemotherapy. However, in a few instances, targeted therapy and radiation could be utilized.
We obtained defense verdicts in two cases, in which plaintiffs claimed brain injury from exposure to solvents during their 23-year journey on rail. The defense presented expert testimony on medical causation as well as industrial hygiene and the jury ruled that the railroad's work environment was reasonably safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals used to preserve wood, including railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs in creosote are absorption through the skin and may be ingested by drinking water contaminated with the chemical. PAHs can be absorbed into lungs where they may cause lung cancer.
Creosote inhalation may trigger several symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns of the second and third degree. Coal tar creosote contains numerous PAH compounds that include naphthalene, acenaphthene as well as fluorene and phenanthrene, all of which are carcinogenic.
union pacific railroad lawsuits -related exposure can cause negative effects on the health of employees as well as their families. For instance, certain workers have developed basal cell tumors papular that are common skin cancers that can spread to other parts 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 fails to communicate adequately with employees on the dangers of long term exposure to toxic substances. For instance, it is not uncommon for railroad workers to leave diesel-powered forklifts, locomotives, and cranes running while they work. They produce large quantities of diesel exhaust, which can be ingested or inhaled through the lungs. They also soak rags in benzene that contains solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or a chronic illness as a result of exposure to toxic chemicals like creosote and benzene could 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 in the workplace like diesel fumes asbestos and silica do not appear until a person is older. Thus, the statute of limitations typically only lasts for three years after the person is first diagnosed with the illness. Therefore, it is essential to contact an attorney who handles railroad injuries as soon as they can after being 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 as a result of years of exposure toxic chemicals. The plaintiff claimed the company was in violation of FELA in failing to provide their employees with the necessary safety equipment and training.
The jury awarded the plaintiff $7.5 million in damages following the conclusion that his 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 during his time working for the company.
FELA
When a former railroad worker is diagnosed with cancer resulting from toxic exposures on the job and is diagnosed with cancer, they can file a claim under the Federal Employers Liability Act, or FELA. Contrary to workers' compensation statutes that provide victims with medical expenses as well as some lost wages, FELA is a fault-based law that requires proof that the railroad's employer was negligent in protecting its workers from the dangers of chemical exposures.
Railroad corporations often fight FELA claims involving occupational illnesses. Their defense lawyers typically argue that the former employee is unable identify specific instances of exposure to hazardous substances. They are also critical of tests conducted by the government that prove the presence of carcinogens, or toxins in equipment or parts used by the railway.
In the event of a successful FELA claim, the victim's family members may be compensated for past and future pain and suffering, loss in enjoyment of life, mental distress, and other damages. If the victim dies due to their injuries or other causes, a wrongful-death claim could be filed to recover compensation for the deceased's family members.
We work with FELA attorneys to assist injured railroad employees receive the financial aid they require. Contact us for an evaluation of your case for free. We represent railroad workers across the country, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.