A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers frequently have prolonged exposure to carcinogenic chemicals and substances such as creosote, benzene, and asbestos. If you think that exposure to these chemicals during work led to your cancer, you could be entitled compensation.
The FELA law permits railroad workers to sue their employers for negligence. For more information, contact a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer if exposed to for a long time. It is generated in the atmosphere as well as from the combustion of gas and tobacco smoke. The human body is also able to absorb benzene through the skin. Railroad workers who have developed cancer because of exposure to benzene may be able to file a claim against their employer for monetary compensation.
In one case the widow of a railroad employee who passed away was awarded $1,500,000 by the company that employed her husband. Her husband was a pumpman on several tankers in the 1970s as well as the 1980s. He was regularly exposed to benzene's toxic fumes. When he passed away from acute myeloidleukemia, in the year 1995, his wife filed a wrongful death claim against the vessel's owner.
lawsuits against union pacific railroad is a cancer that is rapidly spreading and can be fatal within the first few months after diagnosis if it's not treated. The majority of patients are treated with chemotherapy, but in some cases radiation therapy and targeted therapy can be employed.
We secured defense verdicts in two cases, where plaintiffs claimed brain injuries due to exposure to solvents over their 23-year rail career. The defense presented expert evidence on medical causation and industrial hygiene and the jury determined that the railroad's workplace was fairly safe.
Creosote Exposure
It is a mixture composed of hundreds of chemicals used to preserve wood such as railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs present in creosote may be taken up through the surface of the skin or ingested through drinking water that has been affected by this chemical. PAHs can be absorbed into lung where they can cause lung cancer.
Creosote inhalation may trigger various symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause third and fourth degree burns to the skin. The coal tar creosote is made up of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds, such as Acenaphthene.
Creosote can cause negative effects on the health of workers as well as their families. For instance, certain workers have developed basal cell carcinomas of the papular papule, which are common occupational skin cancers that can spread to other parts of the body. Other workers have suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
The railroad industry isn't always communicate effectively with its employees regarding the dangers associated with long-term exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel locomotives or forklifts operating while they work. Diesel exhaust from these engines could be inhaled and consumed. They also soak rags with benzene solvents to clean machines and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or other chronic illness because of exposure to toxic chemicals like creosote or benzene may be entitled to 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 financial damages.
Many illnesses related to occupational exposures to carcinogenic substances like diesel fumes and asbestos, are not evident until a person reaches a certain age. Thus, the statute of limitations in most cases only runs for three years from the point someone is first diagnosed with the illness. Therefore, it is essential that victims get in touch with an attorney for railroad injuries as quickly as possible after being diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway employee who was diagnosed with leukemia after decades of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA by failing to properly train their employees and provide them with the appropriate safety equipment.
The jury awarded the plaintiff $7.5 million in damages after finding his cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals like creosote, benzene, and degreasing agents.
FELA
When a former railroad worker is diagnosed with cancer caused by exposure to toxic substances on the job the worker may file a claim under the Federal Employers Liability Act, or FELA. Contrary to workers' compensation statutes that offer victims 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 companies are often involved in FELA lawsuits that concern occupational diseases. Defense lawyers often argue that the former employee isn't able to identify specific instances of health issues. They also highlight the absence of official tests that show the presence of carcinogens or chemicals in the parts or equipment employed by the railway.
If you win a FELA claim, the victim's family members can be compensated for past and future suffering and pain as well as the loss of enjoyment from life, mental suffering, and other damages. If the victim dies as a result of the incident, the family may bring a wrongful-death lawsuit to receive compensation.
We collaborate with FELA attorneys to help injured railroad employees receive the financial assistance they need. Contact us today for a no-cost consultation. We represent railroad workers across the country, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.