A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you've been diagnosed with cancer and believe your exposure to these chemicals at work caused it, you could be entitled to compensation.
The FELA law permits railroad workers to sue their employers for negligence. For more details, talk to a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer when exposed for a prolonged period. It is created in the environment and also through the release of gas and tobacco smoke. The skin also absorbs benzene. A railroad worker who has developed cancer as a result of exposure to benzene might be eligible for compensation in the form of monetary payments from their employer.
In one instance the widow of a railroad employee who passed away was awarded $1,500,000 by the company which employed her husband. Her husband, who died in 1995, was a pumpman on different tankers in the 1970s and 80s. He was often exposed to benzene, a toxic chemical. After his death from acute myeloid leukemia in 1995, his wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid leukemia can be a cancer that is fast-moving and can cause death in a few months if not treated immediately. The majority of patients are treated with chemotherapy, but in some instances radiation therapy and targeted therapy are also possible.
We have obtained defense verdicts in two cases, in which plaintiffs claimed brain injury from exposure to solvents throughout their 23-year career on the railroad. The defense presented expert testimony from a medical expert on causation, industrial hygiene, and the jury ruled that the railroad workplace was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals used to preserve wood, such as railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). Creosote's PAHs are absorption through the skin and can be inhaled through drinking water that is contaminated with the chemical. wasatch railroad contractors lawsuit can also be absorbed into the lungs where they may cause lung cancer.
Creosote can trigger a variety symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote contains numerous PAH compounds, including naphthalene, acenaphthene as well as fluorene and phenanthrene and fluorene, all of which are carcinogenic.
Creosote exposure can affect the health of employees and their families. Certain workers have developed papular basis cell carcinomas (common occupational skin cancers) that may spread to different parts of the body. Other sufferers have had chronic asthma, esophageal ulcers and fibrosis of the lungs and liver.
A lot of times, the railroad industry fails to communicate adequately with employees about the dangers of long term exposure to toxic substances. It is not uncommon for railroad employees to leave cranes, diesel locomotives, or forklifts in operation while working. Diesel exhaust from these engines can be inhaled and ingested. They also soak rags with benzene solvents to clean machines and tools.
Worker's Compensation
Railroad workers who have been diagnosed with cancer or another chronic illness as a result of exposure to toxic chemicals like benzene and creosote may be entitled to compensation for their medical expenses and other losses. A New York railroad cancer attorney could assist in pursuing claims for damages in the form of money under the Federal Employers Liability Act, or FELA.
Many diseases that are triggered by occupational exposure to carcinogenic chemicals like diesel fumes and asbestos, are not apparent until the worker is older. Thus the statute of limitation in the majority of cases is only for three years from the time an individual is first diagnosed with the illness. This is the reason it is crucial that any potential victims contact an experienced railroad injury lawyer as soon as possible after they are diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway worker who was diagnosed with leukemia following years of exposure to toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to properly train their employees and provide them with proper safety equipment.
The jury awarded the plaintiff $7.5 million in damages after finding his cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals like benzene creosote and degreasing solvents during his time working for the company.
FELA
When a former railroad worker is diagnosed with cancer due to exposure to toxic substances at work the worker may file a claim under the Federal Employers Liability Act, or FELA. Contrary to workers' compensation statutes which offer victims medical expenses and some loss of wages, FELA is a fault-based statute that requires evidence that the railroad company was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies are often involved in FELA lawsuits that involve occupational diseases. Defense lawyers typically argue that the former employee isn't able to pinpoint specific instances of health issues. They also point out the absence of official tests showing the presence of carcinogens or toxins in equipment or parts used by the railway.
A successful FELA claim is paid for future and past physical suffering and pain, loss of enjoyment of life, psychological distress and other damages. If the victim dies as a result of their injuries and/or injuries, a wrongful demise claim can be pursued to collect compensation for the deceased's family members.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers obtain the financial support they need. Contact us to set up an evaluation of your case at no cost. We represent railroad workers across the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.