FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, present and former employees, the right to sue their employer in the event that they develop cancer or another chronic disease caused by exposure to benzene fumes, diesel fumes, or other carcinogens. Call today to schedule a consultation with an experienced railroad lawyer today.
FELA Lawsuits
Railroads transport goods or services as well as people across the country each day. These massive systems require a large number railroad workers to manage and operate. The job of a railway worker is extremely risky, despite the technological advancements. This is why the Federal Employers Liability Act (FELA) was passed to protect railroad workers who have been injured.
In contrast to workers' compensation, which is a no fault system claimants under FELA must demonstrate that their railroad's employer was negligent in order to receive payment. This is typically accomplished by proving that the railroad's conduct was in violation of the federal standard, such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is generally easier to prove in FELA lawsuits than it is in other personal injury claims or workers compensation cases. This is due to the pure the concept of comparative fault, which allows workers to be awarded damages even if they contributed to their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to evaluate the evidence in these cases. Because the time to file a FELA claim is very limited, it is important to hire an attorney early enough after your injury. This gives us time to gather statements, documents, records and other evidence. Contact us for a one-on-one meetings with an attorney skilled in railroad litigation today.
Exposure to carcinogens
Railroad workers face the possibility of contracting a variety of ailments due to exposure toxic chemicals and toxins while on the job. For railroad lawsuits , railroad workers have been exposed to diesel fumes,, asbestos silica, creosote and other. These chemicals can cause cancer and other diseases in railroad employees. If a past or current railroad employee has an illness that is directly linked to the chemicals they were exposed to in their job and is able to file a FELA suit.
Many studies have shown railroad workers to be more likely to develop cancer than other occupations. The most frequent cancers for railroad workers are lung, esophageal and throat cancers, as well as basal-cell cancers of the head and neck.
Benzene is among the most common carcinogens to which railroad workers are exposed. Benzene is a colorless gas that has a sweet smell. It was banned in the United States more than 20 years ago, yet it is present in crude oil, gasoline and diesel exhaust. It is also a component of some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. Her lawsuit claims the railroad and city polluted the area with toxic chemicals that came from the rail yard. Giles lived just a few blocks away from the creosote-treatment facility and railyard.
Cancer The Symptoms
Railroad transportation is essential to the American economy. The railroads in America transport 30 million passengers each year and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as well as cars chemical, metal ore and. A FELA injury lawyer can assist you in filing a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell cancer. It's a kind of skin cancer. He claims that his exposure to sunlight and creosote coated railroad tracks between 1968 and 2009 caused the condition. He also complains that his workplace was not equipped with the right safety equipment to protect him from workplace hazards.
LaTonya Paige, a third plaintiff, claims that her breast cancer was the result of her work at an Union Pacific rail yard. The Houston resident said she first noticed an abnormal lump in her breast in the year 2016. When doctors removed the lump they discovered that it was malignant. The cancer has taken over her lymph nodes to her liver, lungs and esophagus.
The Houston mayor has contacted the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used until the 1980s to store wooden railroad ties which were treated with creosote which is a chemical blend of coal tar and other harmful chemicals. A study released in January by Texas health officials found that the area was associated with clusters of acute myeloidleukemia, lung, bladder, colon and rectal cancers, as well as rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are at risk of serious health issues, particularly if they are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer violates the law. Chaffin Luhana is committed to helping victims receive the complete compensation they deserve.
According to studies, workers who work in the railroad industry are more at risk of developing cancer. Workers are exposed to harmful chemicals whether they work inside locomotives or in yards. A study revealed that railroad workers exposed to diesel exhaust had a greater risk of lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene which is present in many solvents and degreasers utilized by railroad companies. It is also a constituent of diesel exhaust, and it is believed to cause non-Hodgkin's lymphoma in railroad workers.
In September an indictment, a jury decided to award $7.5 million to a railroad employee who developed leukemia. The plaintiff worked for Chicago and North Western Railroad and later Union Pacific Railroad Company for many years. He claimed that he did not wear protective equipment while installing railroad ties that were soaked in creosote. He also claimed that he had been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic syndrome (MDS), which eventually led to acute myeloid leukemia.