A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, such as asbestos and benzene. If you have been diagnosed with cancer and believe your exposure to these chemicals during your job caused it, you could be entitled to compensation.
The FELA law allows railroad employees to sue their employers for negligence. For more details, contact an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas can cause cancer when exposed to it for a prolonged period. It is produced naturally in the environment, and also through gas emissions and tobacco smoke. The skin is also able to absorb the benzene. Railroad workers who have suffered from cancer as a result of exposure to benzene might be eligible to sue their employer for compensation in the form of money.
In one instance, the widow of a railroad employee who died was awarded $1,000,000 by the company which employed her husband. railroad cancer lawsuit , who died in 1995, worked as a pump man on various tankers during the 1970s and 1980s, and he was regularly exposed to benzene. After he died from acute myeloid leukemia in the year 1995, his wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid leukemia can be a cancer that is fast-moving and can cause death in few months if treated promptly. It is typically treated with chemotherapy, however in some cases, radiation and targeted therapy may be used.
We obtained defense verdicts for a class 1 railroad in two cases where plaintiffs claimed that they suffered injuries to their brain from solvent-induced exposure during their 23-year career on the rails. The defense presented expert testimony on medical causation as well as industrial hygiene and the jury determined that the work environment of the railroad was fairly safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals used to protect wood, including railroad ties. It contains several known carcinogens including polycyclic hydrocarbons (PAHs). Creosote's PAHs are taken up through the skin, and are ingested through drinking water that has been contaminated with the chemical. PAHs can also be absorbed into the lungs, and can cause lung cancer.
Creosote inhalation can cause a variety of symptoms like respiratory irritation, eye problems, and nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote contains numerous PAH compounds such as naphthalene and acenaphthene as well as fluorene and phenanthrene each of which is carcinogenic.
Creosote-related exposure can have a negative impact on the health of employees and their families. Some workers have developed papular basal cell carcinomas (common occupational skin cancers) that can develop to different parts of the body. Others have suffered from chronic lung disease as well as liver and esophageal fibrosis and chronic bronchitis.
A lot of times, the railroad industry fails to communicate adequately with employees on the dangers of prolonged exposure to toxic substances. For instance, it's not unusual for railroad workers to leave diesel-powered locomotives, forklifts and cranes on the road while they work. They produce large quantities of exhaust from diesel engines, which is ingested and breathed in through the lung. They also soak rags in solvents that contain benzene for cleaning machines and tools.
Worker's Compensation
Railroad workers who contract cancer or develop another chronic disease because of exposure to toxic chemicals such as benzene or Creosote may be eligible for compensation 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) for damages in the form of money.
Many illnesses that result from occupational exposures to carcinogenic substances, such as asbestos and diesel fumes, are not evident until the worker is older. In the majority of cases, statute of limitations lasts only three years following a person's first diagnosis. This is why it is important that potential victims get in touch with an experienced railroad injury lawyer immediately after being diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an employee of a railroad who had been diagnosed with leukemia after years of exposure toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to train their employees and provide employees with the correct safety equipment.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was directly connected 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 caused by toxic exposures during their work or at work, they can be able to file a claim under Federal Employers Liability Act, or FELA. In contrast to workers' compensation statutes that cover medical expenses and lost wages to those suffering, FELA is a statute based on fault that requires evidence of the railroad's employer not protecting their employees from the dangers posed by chemical exposures.
Railroad companies often fight FELA claims involving occupational illnesses. Their defense lawyers often argue that the former employee is unable to pinpoint specific instances of exposure to hazardous substances. They also point to the absence of test results from an official laboratory that show the presence of toxins or carcinogens found in equipment or components manufactured and used by the railway company.
A successful FELA claim is the compensation for future and past physical pain and suffering as well as loss of enjoyment of life, psychological distress, and other related damages. If the victim is killed as a result or a result of the accident, the family is able to pursue wrongful-death claims to recover the compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to help injured railroad workers obtain the financial support they need. Contact us to set up a free case evaluation. We represent railroad workers across the country including New York City, Boston and Hartford, St. Louis and Denver, among other cities.