Bladder cancer lawsuit - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, old and new employees, the right to sue their employer if they develop cancer, or any other chronic illness as a result of exposure to benzene fumes, diesel fumes, or other carcinogens. Call for a free consultation with a knowledgeable railroad lawyer today.
FELA Lawsuits
Railroads transport goods, services, and even people across the nation every day. cancer lawsuits takes a large number of railroad workers to operate and manage these massive systems. Despite advances in technology, the job of a railroad worker remains extremely risky. As such, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers who have been injured.
In contrast to workers' compensation, which is a no-fault insurance system the claimants who are covered under FELA must prove that their railroad employer was negligent in order to receive a payment. This is typically accomplished by showing that the railroad's conduct was in violation of the federal standard, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases it is more straightforward to prove negligence than in other personal injury claims. This is due to the pure relative fault criterion, which permits workers to be awarded damages even if they contributed to their injuries.
Shaw Cowart's attorneys have a wealth of experience with FELA claims, and they know how to examine evidence in these cases. Since the time frame for filing a FELA claim is very limited, it is important to find an attorney immediately following your injury. This allows us to collect statements, documents, records and other evidence. Contact us today to arrange an appointment with an attorney representing railroads.
Exposure to Carcinogens
Railroad workers face the possibility of contracting a variety of diseases from exposure to toxic chemicals and toxins while working. Railroad employees have been exposed for a long time to diesel fumes, welding fumes, and welding fumes. They also are exposed to lead, asbestos, creosote, silica, and creosote. These chemicals can cause cancer or other diseases in railroad employees. If a current or former railroad employee suffers from an illness which is directly linked to the chemicals they were exposed to on the job they could be able to bring an FELA lawsuit.
Numerous studies have proven railroad workers to be more likely to develop cancer than other jobs. The most frequent cancers for railroad workers are lung, esophageal, as well as throat cancers, as well as basal-cell carcinomas of the head and neck.
Benzene is among the most commonly used carcinogens to which railroad workers are exposed. It has a sweet scent and is an odorless and colorless gas. It was banned over 20 year ago in the United States, but it can still be found in diesel and crude oil exhaust. It is also an ingredient 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 neighborhood with toxic chemicals from the railroad's rail yard. Giles lived just a few blocks away from the rail yard as well as the creosote treatment facilities.
The signs of Cancer
Railroad transportation is vital to the American economy. The railroads in America transport 30 million passengers per year, and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grain, as along with vehicles chemical and metal ore. A FELA injury lawyer can assist you in filing 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 radiation and creosote coated railroad ties between 1968 and 2009 contributed to the condition. He also claims that he did not receive the proper protection equipment to shield himself from the dangers of work.
LaTonya Paige, a second plaintiff, claims that her breast cancer was caused by her work at a Union Pacific rail yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in 2016. When doctors removed the lump they discovered it was malignant. The cancer has expanded from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located in the city. The site was used up to the 1980s to store railroad ties made of wood which were treated with creosote chemical mix of coal tar and other harmful chemicals. A study published in January by Texas health officials identified the area as a source of clusters of acute myeloidleukemia, lung, bladder, colon and rectal cancers as well as the rheumatoid joint.
Other diseases may also have symptoms.
Railroad workers are exposed to a variety of health risks, and this is especially true for those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer breaks the law. Chaffin Luhana is committed to ensuring these victims receive the maximum amount of compensation they are entitled to.
According to research, those working in the railroad industry are more at risk of developing cancer. Workers are exposed to harmful chemicals whether they work in locomotives or in yards. A study showed that railroad workers exposed to diesel exhaust had a greater risk of developing lung cancer. Another chemical that has been associated with cancer among railroad workers is benzene that is found in a variety of solvents and degreasers used by rail companies. It is also found in diesel exhaust, and is believed to cause non Hodgkin lymphoma in rail workers.
In September, a jury awarded $7.5 million to a railroad worker who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and then Union Pacific Railroad Company for decades. He claimed that he was not wearing protective equipment while installing railroad ties that were soaked in creosote. He also claimed that he had been exposed to lead and degreasing agents. union pacific railroad lawsuit was suffering from myelodysplastic disorder (MDS) which later progressed to acute myeloid leukemia.