A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, such as asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals during your job caused it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For Leukemia lawsuit , talk to a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
The colorless, poisonous gas that can cause cancer in those who are exposed to it for prolonged periods of time. It is naturally produced in the environment, as well as through the combustion of gas and smoking tobacco. The human body is also able to absorb benzene through the skin. A railroad worker who developed cancer because of exposure to benzene might be eligible to sue their employer for compensation in the form of money.
In one instance a railroad employee who died widow was awarded damages of $1,500,000 from the company which employed him. The deceased husband was a pumpman on several tankers in the 1970s as well as the 1980s. He was regularly exposed to benzene, a toxic chemical. His wife filed a claim for the wrongful death of the vessel owner after he died in 1995 of acute myeloid lymphoma.
Acute myeloid Leukemia is an aggressive cancer that could be fatal within a few months if not treated promptly. The majority of cases, it is treated by chemotherapy. However, in some cases, targeted therapies and radiation could be utilized.
We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed that they suffered injuries to their brains from solvent-induced exposure during their 23-year career on the railways. The defense provided expert evidence on medical causation and industrial hygiene and the jury determined that the railroad's work environment was reasonably safe.
Creosote Exposure
It is a mix consisting 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 may be absorbent through the surface the skin or inhaled by drinking water that has been polluted with this chemical. PAHs are also absorbed through the lungs, where they can cause lung cancer.
Creosote inhalation can cause various symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns of the second and third degree. The coal tar creosote compound is made up of PAH compounds like naphthalene and other carcinogenic compounds such as acenaphthene.
Creosote exposure can have a negative impact on the health of employees as well as their families. Some workers have developed papular basal cell carcinomas (common occupational skin cancers) which may be spread to other parts of the body. Others have suffered from chronic lung disease, esophageal and liver fibrosis, and chronic bronchitis.
The railroad industry often isn't able communicate effectively with employees on the dangers of long term exposure to toxic substances. It is not uncommon for railroad workers to leave diesel locomotives, cranes, or forklifts operating while they work. These engines generate large amounts of exhaust fumes, which is ingested and breathed in through the lungs. They also soak rags in benzene containing solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness as a result of exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for medical expenses and other losses. Leukemia lawsuit can help claimants pursue claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many ailments related to exposure to carcinogenic substances like diesel fumes asbestos and silica, do not develop until a worker is older. Thus, the statute of limitations in most cases only runs for three years from when the person is first diagnosed with the illness. It is therefore crucial that potential victims contact an attorney who handles railroad injuries as soon as they can after being diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an ex-railroad employee who was diagnosed with leukemia following decades of exposure toxic chemicals. The plaintiff alleged 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 determining that the cause of his cancer was directly connected to his job on the Chicago & North Western Railroad. The man was exposed to various toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
FELA
When a former railroad worker is diagnosed with cancer caused by toxic exposures during their work, they may file a claim under the Federal Employers Liability Act, or FELA. Contrary to workers' compensation statutes that offer victims medical expenses as well as some lost 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 often fight FELA claims that involve occupational diseases. Their defense lawyers often argue that the ill former employee is unable identify specific instances of unhealthy exposures. They are also critical of official tests indicating the presence or carcinogens or toxic substances in the equipment or parts that are used by the railway.
A successful FELA claim is awarded compensation for past and future physical pain and suffering, loss of enjoyment of life, psychological distress and other related damages. If the victim is killed as a result, the family can file a wrongful-death claim to receive the compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to assist injured railroad workers obtain the financial support they need. Contact us to set up a free case evaluation. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver among others.