FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both current and former and former employees the right to sue their employer if they suffer from cancer or any other chronic illness, due to exposure to benzene fumes diesel fumes, or other carcinogens. Contact us today for a no-cost consultation with an experienced railroad lawyer.
FELA Lawsuits
Every day railroads transport people, goods, and other services across the nation. It takes a large number of railroad employees to operate and manage these huge systems. The work of a railroad worker is extremely risky, despite technological advancements. Therefore, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers injured.
In contrast to workers' compensation which is a no-fault insurance system claimants under FELA must demonstrate that their railroad employer was negligent in order to receive compensation. Usually, Bladder cancer lawsuit can be accomplished by proving that the railroad's actions violated a federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is usually simpler to prove in FELA lawsuits than in other personal injury or comp cases. This is because of the strict comparative negligence criterion, which allows workers to recover damages even if their own actions caused their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to evaluate the evidence in these cases. It is essential to engage an attorney as early as possible after your injury as the time limit for filing an FELA claim is a short time. This will allow us to collect statements, documents, records and other evidence prior to it disappearing. Contact us to set up one-on-one meetings with an attorney who is experienced in railroad litigation today.
Exposure to carcinogens
Railroad workers are at risk of contracting various illnesses as a result of exposure to toxic chemicals. Railroad employees have been exposed for decades to diesel fumes, welding fumes, and welding fumes. They are also exposed to asbestos, lead creosote and silica as well as creosote and creosote. These chemicals can cause cancer or other ailments among railroad employees. If a former or present railroad employee is suffering from an illness directly related to the chemicals that they were exposed to at work They may be able to make a FELA suit.
Numerous studies have found railroad workers to be more likely to develop cancer than other professions. Some of the most common cancers that railroad workers suffer from include lung, esophageal, and throat cancers, as well as basal-cell carcinomas of the neck and head.
One of the most frequent carcinogens that railroad workers are exposed is benzene. It is a colorless gas that has a sweet smell. It was banned in the United States more than 20 years ago, but it is present in crude oil, gasoline and diesel exhaust. It is also a component in certain solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. Her lawsuit claims that the railroad and the city affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived a few blocks from the railyard and creosote-treatment site.
Cancer symptoms
Railroad transportation is crucial to the American economy. The railroads in America transport 30 million passengers each year, and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as well as vehicles chemical and metal ore. A FELA injury lawyer can assist you in filing an action against your employer.
For example, one former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that his exposure to sun light and creosote coated railroad ties between the years 1968 and 2009 caused the condition. He also complains that the equipment he was provided with was not the proper safety equipment to protect himself from the hazards of his job.
LaTonya Paige, a third plaintiff asserts that her breast cancer was the result of her work at a Union Pacific rail yard. Houston resident LaTonya Payne first noticed the lump on her breast in 2016. When doctors removed the lump and found it was malignant. The cancer has been able to spread to her lymph nodes, lungs, the esophagus and liver.
The Houston mayor contacted the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used to store wooden railroad tie treated with coal tar and other poisonous chemical mixes until the 1980s. A study published in January by Texas health officials connected the area to clusters of acute myeloid leukemia, bladder, lung, colon and rectal cancers, as also rheumatoid arthritis.
The symptoms of other illnesses
Railroad workers face a myriad of health risks, particularly those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer breaks the law. union pacific railroad lawsuit is dedicated to ensuring that victims receive full compensation they deserve.
According to research, workers in the railway industry are more at risk of developing cancer. Workers are exposed to harmful chemicals, whether they are working in locomotives or in yards. A study found that railroad workers exposed to diesel exhaust had a higher risk of lung cancer. union pacific railroad lawsuit that has been linked to cancer among railroad workers is benzene that is found in a variety of solvents and degreasers employed by rail companies. It is also found in diesel exhaust and has been proven to cause non Hodgkin lymphoma among railway workers.
In September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. The plaintiff was employed by Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for decades. He claimed that he didn't wear protective equipment when installing railroad ties soaked with creosote. He also claimed to have been exposed to degreasing agents and led. He was diagnosed with myelodysplastic syndrome (MDS) which eventually led to acute myeloid leukemia.