A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers often have prolonged exposure to carcinogenic chemical and substances such as asbestos, benzene and creosote. If you have been diagnosed with cancer and believe that your exposure to these chemicals at work caused it, you may be entitled to compensation.
The FELA law permits railroad workers to sue their employers for negligence. For more details, contact an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas can cause cancer if exposed to for a prolonged period. It is created in the environment, as well as through the release of gas and tobacco smoke. The human body may also absorb benzene through the skin. A railroad worker who developed cancer due to exposure to benzene may be able to sue their employer for monetary compensation.
In one instance, the widow of a railroad employee who passed away was awarded $1,500,000 by the company that employed her husband. Her late husband worked as pumpman on several tankers in the 1970s and 1980s, and he was regularly exposed to benzene. When he passed away from acute myeloid leukemia in 1995 His wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloid cancer is a type of cancer that spreads quickly and can be fatal within the first few months after diagnosis if it's not treated. The majority of the time, it is treated with chemotherapy. However, in a few cases, targeted therapy or radiation might be employed.
We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed injuries to their brains due to solvent-induced exposure during their 23-year career on the railroads. The defense presented expert witness testimony on medical causality, industrial hygiene and the jury ruled that the workplace of the railroad was reasonably safe.
Creosote Exposure
It is a mix comprised of hundreds of chemicals that are used to preserve wood, such as railroad ties. It contains a number of carcinogens known to exist such as polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote may be absorbent through the surface the skin or inhaled by drinking water that has been affected by this chemical. PAHs also get absorbed by the lungs, where they could cause lung cancer.
class action lawsuit against railroads can cause a variety of symptoms, including eye irritation, respiratory irritation nausea and vomiting. It can also cause skin burns of the second and third degree. The coal tar creosote contains a mixture of PAH compounds that include naphthalene, naphthalene, and other carcinogenic substances like Acenaphthene.
Creosote exposure can impact the health of workers and their families as well. For example, some workers have developed basal cell carcinomas of the papular papule, which are common occupational skin cancers that can spread to other areas of the body. Some have also suffered from chronic bronchitis, esophageal ulcers, and fibrosis of the lungs and liver.
The railroad industry does not always communicate effectively with its employees about the dangers associated with exposure to long-term toxic substances. It is not uncommon for railroad workers to leave cranes, diesel locomotives or forklifts in operation while working. These engines produce large amounts of exhaust fumes, which is ingested and breathed in through the lung. They also immerse rags in benzene-containing solvents to clean equipment and tools.
Worker's Compensation
Railroad workers who have been diagnosed with cancer or other chronic illness resulting from exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for their medical expenses and other damages. A New York railroad cancer attorney can assist workers in pursuing claims for financial damages under the Federal Employers Liability Act, or FELA.
Many illnesses that are triggered by exposure to carcinogenic substances like diesel fumes, asbestos and silica don't show up until a person is older. Thus, the statute of limitations in the majority of cases is only for three years after an individual is first diagnosed with the illness. This is why it is essential that anyone who is a potential victim contact an experienced attorney for railroad accidents within the first few days after being diagnosed.
In a recent case Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway worker who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to train their employees and equip them with proper safety equipment.
The jury gave the plaintiff damages of $7.5 million after determining that the cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals including benzene, creosote, and degreasing solvents when working for the company.
FELA
Former railroad employees who are diagnosed with cancer due to exposure to toxic substances at work could be qualified to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which cover medical expenses as well as lost wages to those suffering, FELA is a statute based on fault, which requires proof of the railroad employer not taking steps to protect its employees from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims involving occupational illnesses. Defense attorneys typically claim that the former employee is unable to identify specific instances of health problems. They also point out the lack of test results from an official laboratory that show the presence of toxic substances or carcinogens in the equipment or parts used by the railway company.
If you win a FELA claim the family members of the victim can be compensated for their past and future suffering as well as the loss of enjoyment from life, mental distress, and other damages. If the victim is killed due to the incident, the family can bring a wrongful-death lawsuit to claim the compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers receive the financial support they need. Contact us today for a no-cost consultation. We represent railroad workers throughout the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.