A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers are often exposed to prolonged exposure to carcinogenic chemicals and substances such as creosote, benzene and asbestos. If you've been diagnosed with cancer and believe that your exposure to these chemicals at work contributed to it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more details, contact an acute myeloid plaintiff in a railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas that can cause cancer when exposed for a long time. It is generated in the environment as well as through the release of gas and tobacco smoke. The human body can also absorb benzene through the skin. lawsuits against union pacific railroad who have developed cancer because of exposure to benzene may be eligible to file a claim against their employer for compensation.
In one instance the widow of a railroad employee who died was awarded $1,500,000 by the company which employed her husband. Her late husband was a pumpman on various tankers during the 1970s and 80s. He was exposed to benzene, a toxic chemical. After he died from acute myeloid leukemia in the year 1995 his wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid tumor is a cancer that spreads quickly and can be fatal within just a few months after diagnosis if it is not treated. The majority of patients are treated with chemotherapy, but in some instances radiation and targeted therapy can be employed.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed injuries to their brains from solvent-induced exposure over their 23-year tenure on the railroads. The defense presented expert testimony by a medical expert regarding causation, industrial hygiene, and the jury determined that the work environment of the railroad was reasonably safe.
Creosote Exposure
It is a mix comprised of hundreds of chemicals used to preserve wood, such as railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs found in creosote can be absorbed through the surface of the skin or ingested through drinking water that is contaminated with this chemical. PAHs can be absorbed into lung where they can cause lung cancer.
Creosote can trigger several symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and fourth degree burns to the skin. Coal tar creosote is a rich source of PAH compounds which include acenaphthene, naphthalene as well as fluorene and phenanthrene All of them are carcinogenic.
Creosote exposure can affect the health of the workers and their families and families. For example, some workers have developed basal cell tumors papular, which are common occupational skin cancers that may spread to other parts of the body. Some have also suffered from chronic asthma, esophageal esophagus ulcers, and fibrosis of the liver and lungs.
In many cases, the railroad industry isn't able to adequately inform employees about the dangers of long term exposure to toxic substances. It is not unusual for railroad employees to leave cranes, diesel locomotives or forklifts running while working. Diesel exhaust from these engines could be inhaled and eaten. They also soak rags in benzene that contains solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who contract cancer or suffer from another chronic illness due to exposure toxic chemicals such as benzene or Creosote, may be entitled reimbursement for medical expenses and other expenses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) for financial damages.
Many illnesses related to exposure to carcinogenic substances at work, such as asbestos and diesel fumes, do not manifest until a person is older. In most cases, the statute of limitations is only three years after the first diagnosis. This is why it is vital that anyone who is a potential victim contact an experienced railroad injury lawyer as soon as possible after they are diagnosed.
In a case that was recently heard, Napoli Shkolnik PLLC successfully defended an action brought against our client by a former railway worker who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff claimed that the firm was in violation of FELA for failing to provide their employees with the proper safety equipment and training.
The jury gave the plaintiff $7.5 million in damages following the conclusion that his cancer was linked to his job on the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote, benzene and degreasing agents.
FELA
Former railroad employees who are diagnosed with cancer resulting from exposure to toxic chemicals at work could be qualified to claim compensation under the Federal Employers Liability Act (FELA). Contrary to workers' compensation statutes that provide victims with medical expenses and some lost wages, FELA is a fault-based law that requires proof that the railroad's employer did not protect its employees from the dangers of chemical exposures.
Railroad companies are often involved in fighting FELA claims involving occupational illness. Defense lawyers typically claim that the former employee isn't able to identify specific instances of health issues. They also point out the absence of test results from an official laboratory that show the presence of toxic substances or carcinogens in equipment or parts made and used by the railway company.
A successful FELA claim is paid for future and past physical suffering and pain as well as loss of enjoyment of life, psychological distress, and other related damages. If the victim dies due to their injuries or other causes, a wrongful-death claim can be filed to collect compensation for the deceased's family members.
We partner with FELA attorneys to help injured railroad employees receive the financial assistance they require. Contact us today to arrange an evaluation of your case at no cost. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.