A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to substances and chemicals that can cause cancer, including asbestos and benzene. If you have been diagnosed with cancer and believe your exposure to these chemicals during your job caused it, you could 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 individuals who are exposed to it for long periods of time. It is produced naturally in the environment, and also by gas emissions and smoking tobacco. The skin is also able to absorb the benzene. Railroad workers who have developed cancer because of exposure to benzene could be eligible to file a claim against their employer for compensation in the form of money.
In one instance a railroad worker who died widow was awarded $1,500,000 in damages from the company which employed him. Her husband was an engineer on various tankers during the 1970s and 80s, and he was regularly exposed to benzene. His wife filed a lawsuit for unjustified death against the vessel's owner after he passed away in 1995 from acute myeloid lymphoma.
Acute myeloid cancer is a form of cancer that spreads quickly and can be fatal within a few months of diagnosis if it's not treated. Most commonly, it is treated with chemotherapy. However, in a few cases, targeted therapy or radiation might be employed.
We obtained defense verdicts in 2 cases, in which plaintiffs claimed they suffered brain injury due to exposure to solvents during their 23-year career on the railroad. The defense offered experts' testimony on medical causality, industrial hygiene and the jury concluded that the railway workplace was reasonably safe.
Creosote Exposure
It is a mixture comprised of hundreds of chemicals used to preserve wood, such as railroad ties. It is a mixture of carcinogens known to exist such as polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote can be absorbed through the skin and are ingested through drinking water contaminated with the chemical. PAHs can also be absorbed into the lungs where they can cause lung cancer.
Creosote exposure through inhalation can cause a variety of symptoms like respiratory irritation, eye problems as well as nausea and vomiting. It can also cause third and fourth degree burns to the skin. Coal tar creosote consists of a number of PAH compounds, including naphthalene, acenaphthene, fluorene, and phenanthrene All of them are carcinogenic.
Creosote exposure can impact the health of employees and their families as well. Certain workers have developed papular base carcinomas (common occupational skin cancers) that may spread to different parts of the body. Other sufferers have had chronic esophageal ulcers, bronchitis and fibrosis of the lungs and liver.
The railroad industry often fails to communicate adequately with employees on the dangers of prolonged exposure to toxic substances. For instance, it's common for railroad workers to abandon diesel-powered locomotives, forklifts and cranes running while they work. Diesel exhaust from these engines could be inhaled and consumed. class action lawsuit against railroads soak rags in benzene-based solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who contract cancer or develop another chronic disease due to exposure toxic chemicals, such as benzene and Creosote may be eligible for compensation for medical expenses and other losses. A New York railroad cancer attorney could assist those seeking claims for monetary damages under the Federal Employers Liability Act, or FELA.
Many ailments related to exposure to carcinogenic substances in the workplace like diesel fumes, asbestos and silica don't show up until a person is older. Therefore the statute of limitation in the majority of cases is only for three years after a person is first diagnosed with the illness. 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 case, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway worker who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA by failing to train their employees and provide them with the proper safety equipment.
The jury gave the plaintiff $7.5 million in damages, after determining that his cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed to various toxic chemicals like benzene creosote, as well as degreasing solvents while 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 be able to file a claim under Federal Employers Liability Act, or FELA. In contrast to workers' compensation statutes that provide medical expenses and lost wages to victims, FELA is a statute founded on fault that requires proof that the railroad employer is failing to protect their workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims that involve occupational diseases. Defense lawyers often claim that the former employee isn't able to identify specific instances of unhealthy conditions. They are also critical of official tests that show the presence of carcinogens or contaminants in parts or equipment employed by the railway.
A successful FELA claim is awarded compensation for past and future physical suffering and pain, loss of enjoyment of life, psychological suffering, and other related damages. If the victim dies due to the accident then the family can file a wrongful-death claim to receive the compensation.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to assist injured railroad workers receive the financial assistance they require. Contact us today for a no-cost consultation. We represent railroad workers across the nation including New York City, Boston and Hartford, St. Louis and Denver, among other cities.