FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past and retired railroad employees the right to sue their employer if they suffer from cancer or another chronic illness from on-the-job exposure to benzene, creosote and diesel fumes and other carcinogens. Call today for a free consultation with an experienced railroad lawyer.
union pacific railroad lawsuit , goods, and services across the country. These massive infrastructures require a huge number of railroad workers to run and manage. Despite advances in technology, the job of a railroad employee remains extremely hazardous. The Federal Employers Liability Act was passed in order to ensure that railroad workers are not injured.
In union pacific railroad lawsuit to workers' comp which is a no-fault system claims, the claimant must show that their railroad employer was negligent to receive compensation under FELA. This is typically accomplished by proving that the railroad's conduct violated any federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is usually easier to prove in FELA lawsuits than in other types of personal injury or compensation cases. This is due to the comparative fault criterion that allows individuals to claim damages regardless of the fact that they contributed to their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to analyze the evidence in these cases. It is important to hire a lawyer as quickly as you can after your injury because the time period for filing an FELA claims is limited. This allows us to gather statements of documents, papers, and other evidence before it disappears. Contact us today for a an appointment with an attorney for railroad litigation.
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 a long time to diesel fumes, welding fumes, and welding fumes. They also are exposed to lead, asbestos silica, creosote and creosote. These chemicals can cause cancer and other diseases in railroad employees. When a former or current railroad employee develops an illness that is directly attributable to the chemicals they were exposed to during their work and is unable to cure it, they could be eligible to file an FELA lawsuit.
Numerous studies have found railroad workers to be more likely to develop cancer than other occupations. Some of the most prevalent types of cancers that occur among railroad workers are throat, esophageal, and lung cancer as well as basal cell carcinomas on the head and neck.
One of the most prevalent carcinogens railway workers are exposed to is benzene. The smell of benzene is sweet and is an odorless, colorless gas. It was banned in the United States more than 20 years ago but is present in crude oil, gasoline and diesel exhaust. It is also an ingredient in some solvents and degreasers. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew died of leukemia. The suit claims that the railroad and city polluted the neighborhood with toxic chemicals from the rail yard of the railroad. Giles lived just a few blocks away from the rail yard and creosote treatment site.
The symptoms of Cancer
Railroad transportation is essential 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 well as cars as well as chemicals and metal ore. A FELA injury lawyer could assist you in filing a lawsuit against your employer.
For example, one former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, which is a skin cancer. He claims that his exposure to sunlight and creosote infused railroad ties between the years 1968 and 2009 caused the condition. He also claims he did not receive the necessary safety equipment to safeguard himself from workplace hazards.
Leukemia lawsuit , a third plaintiff who claims that her breast cancer was the result of her work at a Union Pacific rail yard. The Houston resident said she first noticed the lump in her breast in the year 2016. When doctors removed the mass and found it was malignant. The cancer has spread from her lymph nodes to her liver, lungs and esophagus.
The Houston mayor has asked the Biden administration to seek penalties and orders for the cleanup of a Union Pacific site in his city. The site was used for storage of railroad tie made from wood treated with coal tar as well as other toxic chemical mixtures until the 1980s. In a study that was released by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers and rheumatoid arthritis.
Signs of other illnesses
Railroad workers are at risk of serious health problems, particularly when they are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to pursue compensation when their employer violates the law. Chaffin Luhana is committed to helping these victims receive the maximum amount of compensation they are entitled to.
Studies show that workers in the railway industry are more likely to develop different forms of cancer. Whether the workers are inside locomotives or working in yards, they are typically exposed to harmful chemicals. For instance the study found that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical, Benzene, has been linked to cancer in railroad workers. It is found in a variety of solvents, degreasers and other products used in the railroad industry. It is also found in diesel exhaust and is known to cause non Hodgkin lymphoma in rail workers.
In September an indictment, a jury decided to award $7.5 million to a railroad worker who was diagnosed with leukemia. cancer lawsuits was employed by Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for many years. He claimed he worked without protective equipment when putting in railroad tieways that were immersed in creosote. He also claimed that he was exposed to cleaning solvents and lead. He was suffering from myelodysplastic disorder (MDS) that eventually led to acute myeloid leukemia.