A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers often have prolonged exposure to carcinogenic chemical and substances such as creosote, benzene, and asbestos. If you believe that exposure to these chemicals while working has caused cancer, you may be entitled compensation.
The FELA allows railroad workers to sue for negligence. For more information, speak to an acute myeloid plaintiff in a railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer when exposed for a long time. It is produced naturally in the environment, as well as through gas emissions and tobacco smoke. The human body may also absorb benzene through the skin. A railroad worker who has developed cancer because of exposure to benzene could be able to file a claim against their employer to receive compensation.
In one case a railroad worker who died widow was awarded damages of $1,500,000 from the company that employed him. Her husband, who died in 1995, worked as a pump man on various tankers in the 1970s and 1980s and was frequently exposed to benzene. After he died from acute myeloidleukemia, in the year 1995 His wife filed a wrongful death claim against the vessel's owner.
Acute myeloid Leukemia is an aggressive cancer that could cause death in few months if treated promptly. It is usually treated with chemotherapy, however in some cases radiation or targeted therapy might be utilized.
We obtained defense verdicts in two cases, where plaintiffs claimed brain injury from solvent-induced exposure over their 23-year rail career. The defense presented expert testimony on medical causation and industrial hygiene and the jury determined that the work environment of the railroad was fairly safe.
Bladder cancer lawsuit is a mixture comprised of hundreds of chemicals used to preserve wood such as railroad ties. It is made up of a variety of carcinogens known to exist that include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote can be absorbed through the surface of the skin, or ingested by drinking water that has been contaminated with this chemical. PAHs are also absorbed through the lungs, and may cause lung cancer.
Inhalation exposure to creosote can cause a variety of symptoms that include respiratory irritation, eye problems, and nausea and vomiting. It can cause skin burns of the second and third degree. The coal tar creosote is composed of PAH compounds including naphthalene and other carcinogenic compounds, such as acenaphthene.
Creosote exposure could affect the health of the workers and their families, as well. For instance, some employees have developed basal cell carcinomas of the papular papule which are common skin cancers that can spread to other parts of the body. Others have suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
In many cases, the railroad industry isn't able communicate effectively with employees about the dangers of long term exposure to toxic substances. For instance, it is not uncommon for railroad employees to leave diesel-powered locomotives, forklifts, and cranes running while they work. Diesel exhaust from these engines can be inhaled and consumed. They also immerse rags in benzene-containing solvents to clean machines and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or other chronic illness resulting from exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for 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 diseases resulting from occupational exposure to carcinogenic chemicals, such as asbestos and diesel fumes do not manifest until a person reaches a certain age. In most cases, the statute of limitations is only three years following the first diagnosis. cancer lawsuit is why it is important that anyone who is a potential victim contact an experienced lawyer for railroad injuries within the first few days when they are diagnosed.
In a recent case, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railway employee who was diagnosed with leukemia after years of exposure toxic chemicals. The plaintiff alleged that the company violated FELA by not providing their employees with the required safety equipment and training.
The jury gave the plaintiff $7.5 million in damages after finding his cancer was linked to his job on the Chicago & North Western Railroad. The man was exposed to a variety of toxic chemicals, including benzene creosote, and degreasing solvents when working for the company.
FELA
When a former railroad worker is diagnosed with cancer caused by exposure to toxic chemicals at work or at work, they can make a claim under the Federal Employers Liability Act, or FELA. Contrary to the statutes for workers' compensation which provide medical expenses and loss of wages to the victim, FELA is a statute based on fault that requires proof of the railroad employer not adequately protecting its workers from the dangers posed by chemical exposures.
Railroad companies often fight FELA claims for occupational diseases. Defense lawyers typically claim that the former employee is unable to identify specific instances of health problems. They also point to the lack of official test results that indicate the presence of toxic substances or carcinogens in the equipment or parts manufactured and used by the railway company.
In a successful FELA claim the family members of the victim are entitled to compensation for their past and future 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, a wrongful death claim can be filed to obtain compensation for the deceased's family members.
We partner with FELA attorneys to assist injured railroad employees receive the financial aid they need. Contact us for a complimentary consultation. We represent railroad workers across the United States, including New York City, Boston and Hartford, St. Louis and Denver among others.