FELA and Railroad Lawsuits
Railroad workers who are exposed to toxic chemicals, such as diesel exhaust benzene, coal fumes or asbestos are at risk of developing serious illness like cancer. A successful FELA claim can award damages that cover medical expenses, loss of income discomfort and more.
Union Pacific recently awarded $7.5 Million to one of its railroad workers who was diagnosed with Leukemia. This is just one instance of the justice system standing up for the victims.
Benzene
Railroad workers are often exposed to hazardous substances and chemical solvents, such as benzene. The liquid, which is extremely evaporative can be absorbed through the skin or inhaled. It has been linked to a number medical conditions including cancer blood-related cancers like leukemia and lymphoma, and bone-marrow diseases. It is also a cancer-causing chemical and a component in coal tar creosote, which is used to protect railroad ties from heat, sunlight and rain.
One former rail worker claimed that his exposure to benzene when working with coal tar creosote railroad ties led to Myelodysplastic Syndrome (MDS), which progressed into Acute Myeloid Leukemia. A jury awarded the man $7.5 million in September last year.
Anyone diagnosed with cancer or other chronic illnesses that result from daily exposure to asbestos, benzene, radioactive substances and other harmful chemicals are entitled to submit a claim for compensation under FELA. The time period for filing claims can vary depending on the type and severity of the cancer or illness. It is important to seek out an experienced lawyer as soon as you can.
A railroad lawyer at Shaw Cowart can help you determine if your case is eligible for a FELA claim. We provide free consultations, and we are knowledgeable about FELA and railroad workplaces.
Asbestos
Our lawyers have represented railroad workers who were diagnosed with lung cancer or other health conditions due to asbestos exposure. They typically worked in areas such as repair shops, engine rooms and yards and on rail cars that had been damaged or track equipment that contained deteriorating asbestos insulation. This type of asbestos can be extremely hazardous, as when it is degraded, tiny fibers are released into the air. The fibers are breathed in by workers on railroads and can cause mesothelioma or lung cancer as well as asbestosis and the pleural plaque.
In addition to asbestos, railroad workers are also at risk of developing lung disease due to diesel exhaust and exposure to other workplace toxins such as welding fumes, solvents and silica sand. The particles and fumes that are emitted from these workplaces can harm the kidneys, lungs and gastrointestinal tract as well blood cells. These injuries are often diagnosed after years of exposure, and can lead to many grave and debilitating health conditions.
Recent cases against Conrail illustrates the risks that come with this type of work. The Appeals Court upheld a jury award of $2.3 million against the railroad company for an ex-railway employee who passed away from mesothelioma. A jury awarded damages for suffering and suffering, loss of companionship, future medical expenses and other losses. This case highlights the importance of working closely with an experienced attorney that can quickly determine if an FELA claims is warranted.
Radioactive Substances
Railroad workers exposed to radioactive substances are at risk of developing certain types of cancers as well as other serious illnesses. The substances are usually hidden in the materials railroads employ to clean tracks and other rail yards. It can be difficult to spot them unless the railroad's business actively examines for alpha and Gamma radiation. If a railroad worker is diagnosed with cancer or another disease caused by exposure to carcinogenic materials during their work, they can file an FELA and receive compensation from the company he worked for previously.
Studies have shown that railroad workers are more likely to develop a variety of cancers than other people. This is due to being constantly exposed to toxins that could lead to lung cancer, including asbestos as well as the sand dust (silica) and welding fumes, diesel fumes and creosote.
A railroad lawyer should be consulted as soon as possible by railroad workers who have been diagnosed as having cancer as a result of exposure during their work. They can assist them in determining if there is a claim against the former employer and make the appropriate lawsuits that are based on FELA. These claims can include compensation for medical expenses, loss of income, and discomfort and pain. Additionally, they may pay for the loss of a loved ones in a wrongful death case. A railroad lawyer with experience can assist victims in obtaining the full amount of damages that they are entitled to, under FELA.
FELA
Engineers, conductors, and train crew members work in hazardous environments where they could damage their lungs and not even realize it. Former railroad workers who have developed lung cancer or any other condition that could be caused by their work can claim compensation under Federal Employers Liability (FELA).
Unlike workers' compensation, FELA permits railroad employees who have been injured to sue. This includes past and future medical costs and emotional suffering. A lawyer familiar with rules under FELA could explain your options for filing.
In order to win a FELA lawsuit, you will be required to prove that your employer acted in a negligent way. It could be a matter of breaking a rule or law or failing to meet the acceptable standards of care, or any other. A knowledgeable FELA lawyer can evaluate your case to determine whether negligence by the railroad caused your illness.
Many different lung diseases and illnesses could be linked to exposures to the railroad. If railroad workers cancer lawsuit were exposed during your railroad career to diesel exhaust or other toxins such as creosote, asbestos, or creosote, a mesothelioma lawyer could assist you in filing an application for compensation under the FELA. The FELA cases handled by Hughes Law Offices in the past have resulted into a variety of verdicts and settlements.