FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past, and retired railroad workers the right to sue their employer if they suffer from cancer or suffer from another chronic illness due to exposure on the job to benzene, creosote and carcinogens, and diesel fumes. Call today for a free consultation with an experienced railroad attorney today.
FELA Lawsuits
Railroads transport goods, services, and people across the country each day. These massive infrastructures require a huge number of railroad workers to operate and manage. Despite advancements in technology, the job of a railroad employee remains extremely hazardous. The Federal Employers Liability Act was passed in order to ensure that railroad workers are not injured.
In contrast to workers' compensation which is a no-fault insurance system, claimants under FELA must prove that their railroad employer was negligent in order to receive a payment. This is usually accomplished by showing that the railroad's actions violated the federal standard, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is generally easier to prove in FELA lawsuits than it is in other types of personal injury claims or workers' comp cases. This is due to the the concept of comparative fault, which allows individuals to claim damages even if they were the cause of their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to examine the evidence in these cases. Because the timeframe for filing a FELA claim is limited It is essential to find an attorney as soon as you can after your injury. This will allow us to collect statements as well as documents, records, and other evidence before it disappears. Contact us today to arrange an appointment with an attorney for railroad litigation.
Exposure to Carcinogens
Railroad workers are at risk of contracting various diseases as a result of exposure toxic chemicals. Railroad workers are exposed for a long time to welding fumes and diesel fumes. They are also exposed to asbestos, lead silica, creosote and creosote. This is why these chemicals can cause cancer and other ailments in railroad employees. When a former or current railroad employee develops an illness that is directly related to the chemicals they were exposed to while working they could be able to make a FELA lawsuit.
Many studies have shown that railroad workers be more susceptible to a high rate of cancer than those in other jobs. The most frequent cancers among railroad workers include lung, esophageal and throat cancers as well as basal-cell carcinomas of the neck and head.
Benzene is among the most frequently used carcinogens which railroad workers are exposed. It is a colorless gas with a pleasant odor. It was banned in the United States more than 20 years ago but is still present in crude oil, gasoline and diesel exhaust. It is also a component in some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. The suit claims that the railroad and city polluted the area with toxic chemicals that came from the rail yard of the railroad. Giles lived only a couple blocks away from the rail yard and creosote treatment site.
Cancer Signs and Symptoms
Railroad transportation is vital to the American economy. Each year, America's railways transport 30 million passengers and 1.6 billion tons of freight, which includes food lumber, crude oil, grain, automobiles and chemicals, as well as crushed stone and metal ore. Railroad workers are exposed to a diverse range of dangerous materials and are prone to developing illnesses like cancer as a result. A FELA injury lawyer could help you file a lawsuit against your employer.
For instance, a former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, a skin cancer. He claims that exposure to sunlight and creosote infused railroad connections between 1968 and 2009 caused the condition. He also complains that his workplace was not equipped with the proper safety equipment to shield workers from hazards at work.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on a Union Pacific track yard. The Houston resident said she first noticed an area of breast cancer in the year 2016. When doctors removed the lump they discovered that it was malignant. The cancer has expanded to her lymph nodes, lungs, the esophagus and liver.
The Houston mayor has requested the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used up to the 1980s to store railroad ties made of wood which were treated with creosote which is a chemical blend of coal tar and other toxic chemicals. In a study published by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers as well as rheumatoid arthritis.
The symptoms of other illnesses
Railroad workers are at risk of developing serious health problems, especially in the event that they are exposed chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to pursue compensation if their employer is in violation of the law. Chaffin Luhana is dedicated to helping these victims receive the full amount of the compensation they're entitled to.
Studies show that workers in the railway industry are more likely to develop types of cancer. Workers are exposed to harmful chemicals, whether they are working in locomotives or in yards. For instance, a study shows that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Benzene is another chemical that has been linked to cancer among railroad workers. It is found in a variety of solvents, degreasers and other products used in the railway industry. union pacific railroad lawsuits is also a constituent of diesel exhaust, and is known to cause non-Hodgkin lymphoma in rail workers.
In September an indictment, a jury decided to award $7.5 million to a railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for a long time. He claimed that he did not wear protective equipment when putting in railroad ties soaked in creosote. He also alleged that he was exposed to degreasing solvents, as well as lead. He was suffering from myelodysplastic disorder (MDS) that eventually led to acute myeloid leukemia.