A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you believe that exposure to these substances while working led to your cancer, you may be entitled compensation.
The FELA law allows railroad employees to sue their employers for negligence. For more information, speak to an acute myeloid lawsuit railroad lawyer.
Benzene Exposure
Benzene is a colorless, toxic gas that can cause cancer to people who are exposed over long durations. It is produced naturally in the environment, and also by gas emissions and smoking tobacco. The human body may also absorb benzene through the skin. A railway worker who has developed cancer due to exposure to benzene may be eligible to file a claim against their employer for compensation in the form of money.
In one case, the widow of a railroad worker who died was awarded $1,500,000 by the company that employed her husband. Her husband was an engineer on various tankers during the 1970s and 80s, and was often exposed to benzene. When he passed away from acute myeloid leukemia in 1995 His wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid leukemia is an aggressive type of cancer that can be fatal in just few months if treated promptly. The majority of patients are 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 in which plaintiffs claimed that they suffered injuries to their brains caused by solvent exposure over their 23 years on the railways. The defense provided experts' testimony on medical causation, industrial hygiene and the jury found that the workplace of the railroad was reasonably safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals that are used to protect wood, like railroad ties. railroad lawsuits is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs found in creosote may be absorption through the surface of the skin, or ingested by drinking water that is affected by this chemical. PAHs can also be absorbed into the lungs, where they could cause lung cancer.
Creosote can trigger various symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can also cause skin burns of the second and third degrees. The coal tar creosote compound is an amalgamation of PAH compounds including naphthalene and other carcinogenic compounds such as acenaphthene.
Creosote exposure can affect the health of the workers and their families, as well. Some workers have developed papular basal cell carcinomas (common occupational skin cancers) which can be spread to other parts of the body. Other sufferers have had chronic bronchitis, esophageal ulcers, and fibrosis of the liver and lungs.
In many cases, the railroad industry fails to communicate adequately with employees about the dangers of prolonged exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel locomotives or forklifts in operation while working. These engines produce large amounts of exhaust fumes, which can be ingested or inhaled through the lung. They also soak rags in benzene containing solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who develop cancer or another chronic disease due to exposure harmful chemicals like benzene and Creosote may be eligible for reimbursement 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) to recover damages in cash.
Many diseases resulting from occupational exposures to carcinogenic substances like asbestos and diesel fumes are not evident until a person is older. In the majority of cases, statutes of limitations only last three years after a person's first diagnosis. This is why it is vital that any potential victims contact an experienced lawyer for railroad injuries within the first few days after being diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway worker who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA in failing to provide employees with the appropriate safety equipment and education.
The jury gave the plaintiff $7.5 million in damages, after determining that his cancer was linked to his job on the Chicago & North Western Railroad. The man was exposed toxic chemicals like benzene creosote and degreasing solvents while working for the company.
FELA
Former railroad employees who are diagnosed with cancer because of exposure to toxic substances at work could be qualified to file a claim for compensation under the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide victims with medical expenses and some lost wages, FELA is a fault-based law that requires proof that the railroad employer did not protect its employees from the dangers of chemical exposures.
Railroad companies are often involved in FELA lawsuits that involve occupational diseases. Defense attorneys typically argue that the former employee isn't able to identify specific instances of health problems. They are also critical of official tests indicating the presence of carcinogens and toxins in equipment or parts employed by the railway.
In a successful FELA claim the family members of the victim may be compensated for past and future pain and suffering as well as the loss of enjoyment from life, mental distress and other damages. If the victim dies as a result of their injuries and/or injuries, a wrongful demise claim can be pursued to seek the compensation of the deceased's family members.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to assist injured railroad workers receive the financial help they require. Contact us to schedule an evaluation of your case for free. We represent railroad workers throughout the United States, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.