FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, both former and current, the right to sue their employer if they suffer from cancer or another chronic disease as a result of exposure to benzene fumes, diesel fumes, and other carcinogens. Contact us today for a complimentary consultation with an experienced railroad lawyer.
FELA Lawsuits
Railroads transport goods as well as services and people throughout the country every day. It takes a significant number of railroad workers to operate and manage these massive systems. Despite advances in technology the job of a railroad worker remains extremely risky. This is why the Federal Employers Liability Act (FELA) was enacted to protect injured railroad workers.
In contrast to workers' compensation which is a no-fault program, those who claim under FELA must prove that their railroad employer was negligent in order to receive payment. This is typically done by proving that the railroad's actions violated an enforceable federal standard like the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is usually easier to prove in FELA lawsuits than it is in other personal injury or workers claims. This is due to the the concept of comparative fault, which allows workers to be awarded damages even if they were the cause of their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to evaluate the evidence in these cases. It is crucial to find an attorney as soon as you can following your injury, as the time frame for filing an FELA claims is limited. This allows us time to gather statements, documents, records and other evidence. Contact us to schedule individual consultation with an attorney who has experience in railroad litigation today.
Bladder cancer lawsuit to carcinogens
Railroad workers are at risk of contracting illnesses due to exposure to toxic chemicals. For decades, railroad workers have been exposed to welding fumes, diesel fumes,, asbestos silica, creosote and other. These chemicals can cause cancer and other diseases among railroad workers. If a former or present railroad employee is suffering from an illness that is directly linked to the chemicals that they were exposed to during their work they could be eligible to bring an FELA suit.
Numerous studies have demonstrated that railroad workers tend to suffer from a higher rate of cancer than those in other jobs. Some of the most common cancers among railroad workers include lung, esophageal, as well as throat cancers as well basal-cell carcinomas of the neck and head.
Benzene is one of the most prevalent carcinogens to which railroad workers are exposed. It is a colorless gas that has a pleasant smell. It was banned more than 20 years ago in the United States, but it can still be found in diesel and crude oil exhaust. It is also an ingredient in a variety of solvents and degreasers. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew died of leukemia. The lawsuit claims that the railroad and the city contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived only a couple blocks away from the rail yard as well as the creosote treatment facility.
Cancer Signs and Symptoms
Railroad transportation is essential to the American economy. Each year, America's railroads carry 30 million passengers as well as 1.6 billion tons of freight, which includes food lumber and other materials, crude oil, grain, vehicles chemical, crushed stone and metal ore. Railroad workers are exposed range of dangerous materials and a lot of them develop diseases such as cancer as a result. A FELA injury lawyer can assist you in filing a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, a kind of skin cancer. He claims that his exposure to sunlight and creosote coated railroad ties between 1968 and 2009 caused the condition. He also claims that he was not receive the proper safety equipment to protect oneself from workplace hazards.
LaTonya Paige, a third plaintiff who claims that her breast cancer was triggered by her job at a Union Pacific rail yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in 2016. The mass was later discovered to be malignant after doctors removed it. The cancer has expanded from her lymph nodes to her lungs, liver, and esophagus.
The Houston mayor has requested the Biden administration to seek fines and orders to clean up of a Union Pacific site in his city. The site was used up to the 1980s to store railroad ties made of wood that were treated with creosote chemical mix of coal tar and other poisonous chemicals. In a study released by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer bladder cancer, colon and rectal carcinomas and rheumatoid joint.
Other diseases may also have symptoms.
Railroad workers are at risk of developing serious health problems, especially if they are exposed to chemicals every day. The Federal Employers Liability Act gives railway workers the right of compensation when their employer has violated the law. Chaffin Luhana is dedicated to helping victims receive the complete compensation they deserve.
Studies have revealed that workers in the railway industry are more likely to develop types of cancer. Whether the workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. For instance research has revealed that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. cancer lawsuits that has been linked to cancer in railroad workers is benzene, which is a component of many solvents and degreasers used by rail companies. It is also a component in diesel exhaust, and it is known to cause non-Hodgkin lymphoma in railroad workers.
In September the month of September, a jury awarded $7.5 million to an employee of a railroad who contracted leukemia. cancer lawsuit worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for a long time. He claimed that he was not required to wear protective equipment while installing railroad ties soaked in creosote. He also claimed that he had been exposed to degreasing agents and led. He was diagnosed with myelodysplastic Disorder (MDS), which eventually progressed into acute myeloid Leukemia.