A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you think that exposure to these chemicals while working has caused cancer, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a specialist railroad lawsuit acute myeloid leukemia lawyer for more information.
Benzene Exposure
It is a colorless, toxic gas that can cause cancer to people who are exposed to it for prolonged durations. mesothelioma lawsuit is naturally produced in the environment, as well as by gas emissions and smoking tobacco. The human body can absorb benzene through the skin. A railroad worker who developed cancer because of exposure to benzene might be able to sue 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. The deceased husband was a pumpman on different tankers during the 1970s and 80s. He was frequently exposed to toxic benzene. After he died from acute myeloidleukemia, in the year 1995, his wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid leukemia can be an aggressive type of cancer that can cause death in one or two months if treated immediately. The majority of patients are treated with chemotherapy, however in certain cases radiation or targeted therapy can be employed.
We obtained defense verdicts for a class 1 railroad in two cases where plaintiffs claimed to have suffered injury to their brains from solvent-induced exposure over their 23-year tenure on the railways. The defense presented experts' testimony on medical causality, industrial hygiene and the jury determined that the work environment of the railroad was reasonably safe.
Creosote Exposure
Coal tar creosote is a mixture of hundreds of chemicals used to protect wood, including railroad ties. It contains a variety of carcinogens which are well-known such as polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote can be in the skin and can be inhaled through drinking water that has been contaminated with the chemical. PAHs can also be absorbed into the lungs where they can cause lung cancer.
Inhalation exposure to creosote can lead to a variety of symptoms like eye irritation, respiratory irritation nausea and vomiting. It can also cause skin burns of the second and third degrees. Coal tar creosote contains numerous PAH compounds such as naphthalene and acenaphthene and fluorene. Phenanthrene is also a component and fluorene, all of which are carcinogenic.
Creosote can have a negative impact on the health of employees and their families. Some workers have developed papular base cell carcinomas (common occupational skin cancers) which can spread to different parts of the body. Others have been affected by chronic asthma, esophageal ulcers and fibrosis of the liver and lungs.
A lot of times, the railroad industry isn't able to adequately inform employees on the dangers of a long-term exposure to toxic substances. For instance, it is not uncommon for railroad employees to leave diesel-powered engines, forklifts, and cranes running during their work. The engines generate a lot of exhaust fumes, which is ingested and breathed in through the lung. They also dunk rags in solvents that contain benzene for cleaning equipment and tools.
Workers' Compensation
Railroad workers who develop cancer or other chronic diseases due to exposure harmful chemicals like benzene and Creosote, could be entitled to reimbursement for medical expenses and other losses. A New York railroad cancer lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) for damages in the form of money.
Many health issues resulting from occupational exposure to carcinogenic substances such as diesel fumes, asbestos and silica, do not manifest themselves until a worker is older. Thus the statute of limitation in the majority of cases is only for three years from the time the person is first diagnosed with the illness. It is therefore crucial that victims get in touch with an attorney for railroad injuries as quickly as possible after being diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an employee of a railroad who had been diagnosed with leukemia following decades of exposure toxic chemicals. The plaintiff claimed that the firm was in violation of FELA for not providing their employees with the required safety equipment and training.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to various harmful chemicals such as benzene, creosote and degreasing solvents while working for the company.
FELA
Former railroad employees who are diagnosed with cancer due to exposure to toxic substances at work might be able to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws which cover medical expenses as well as lost wages to the victims, FELA is a statute based on fault, which requires proof of the railroad employer failing to protect their workers from the dangers that come with chemical exposures.
Railroad companies frequently fight FELA claims for occupational diseases. Defense attorneys typically claim that the former employee isn't able to pinpoint specific instances of health issues. They also point out the lack of official tests indicating the presence of carcinogens and toxic substances in the equipment or parts used by the railway.
A successful FELA claim is compensated for past and future physical suffering and pain, loss of enjoyment of life, psychological distress, and other damages. If the victim is killed as a result or a result of the accident, the family is able to pursue wrongful-death claims to receive compensation.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to assist injured railroad workers obtain the financial support they need. Contact us to set up an appointment for a free case assessment. We represent railroad workers across the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.