A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to substances and chemicals that can cause cancer, like asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals at work contributed to it, you may be entitled to compensation.
The FELA law allows railroad workers to sue their employers for negligence. For more information, contact an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene is a colorless and poisonous gas that can cause cancer in people who are exposed to it for prolonged durations. It is produced by the environment, as well as by the emission of gas and tobacco smoke. The human body is also able to absorb benzene through the skin. A railway worker who has developed cancer because of exposure to benzene could be able to file a claim against their employer for compensation in the form of money.
In one instance, the widow of a railroad worker who passed away was awarded $1,500,000 by the company that employed her husband. Her late husband worked as pumpman on several tankers during the 1970s and 80s, and was often exposed to benzene. After he died from acute myeloidleukemia, in the year 1995 his wife brought a wrongful death lawsuit against the vessel's owner.
union pacific railroad lawsuits is a fast-moving cancer that can be fatal in a few months if not treated promptly. The majority of the time, it is treated with chemotherapy. However, in a few cases, targeted therapy or radiation can be utilized.
We have obtained defense verdicts in two cases, in which plaintiffs claimed brain injuries due to solvent-induced exposure over their 23-year journey on rail. The defense offered expert witness testimony on medical causality, industrial hygiene and the jury concluded that the railroad workplace was reasonably safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals that are used to protect wood, such as railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs that are found in creosote are absorbed through the surface of the skin or ingested by drinking water that has been infected with this chemical. PAHs can also be absorbed into the lungs, where they may cause lung cancer.
Creosote-inhalation exposure can trigger a variety of symptoms, including respiratory irritation, eye problems, and nausea and vomiting. It can cause skin burns of the second and third degree. Coal tar creosote is a rich source of PAH compounds which include acenaphthene, naphthalene, fluorene, and phenanthrene and fluorene, all of which are carcinogenic.
Creosote exposure can affect the health of workers and their families and their families, as well. Some workers have developed papular base carcinomas (common occupational skin cancers) which can spread to different parts of the body. Others have been affected by chronic bronchitis, esophageal ulcers, and fibrosis of the lungs and liver.
The railroad industry isn't always effectively communicate with its employees regarding the dangers associated with long-term exposure to toxic substances. For instance, it's common for railroad workers to leave diesel-powered locomotives, forklifts, and cranes running during their work. Diesel exhaust from these engines can be inhaled and consumed. They also soak rags in solvents containing benzene to clean tools and machinery.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness because of exposure to toxic chemicals like creosote and benzene might be entitled to compensation for medical expenses and other damages. A New York railroad cancer lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many illnesses that are triggered by exposure to carcinogenic substances in the workplace such as diesel fumes, asbestos and silica don't develop until a worker is older. Thus, the statute of limitations in the majority of cases is only for three years from the time someone is first diagnosed with the disease. This is why it is vital that any potential victims contact an experienced attorney for railroad accidents as soon as possible after they are diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an ex-railroad employee who had been diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA for not providing employees with the appropriate safety equipment and training.
The jury awarded the plaintiff damages of $7.5 million after finding that the cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
FELA
Former railroad employees who are diagnosed with cancer due to exposure to toxic substances at work might be eligible to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that cover medical expenses and loss of wages to the victim, FELA is a statute based on fault, which requires evidence of the railroad company not adequately protecting its workers from the dangers posed by exposure to chemicals.
Railroad companies typically fight FELA lawsuits that concern occupational diseases. Defense lawyers often argue that the former employee isn't able to pinpoint specific instances of unhealthy conditions. They also point out the lack of test results from an official laboratory that show the presence of toxins or carcinogens in equipment or parts made and used by the railway company.
A successful FELA claim is the compensation for future and past physical suffering and pain and loss of enjoyment life, psychological stress, and other damages. If the victim dies due to the accident or a result of the accident, the family is able to file a wrongful-death claim to claim the compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to assist injured railroad workers receive the financial support they need. Contact us to set up an evaluation of your case at no cost. We represent railroad workers throughout the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.