A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to substances and chemicals that can cause cancer, including asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals while working caused it, you could be entitled to compensation.
The FELA law permits railroad workers to sue their employers for negligence. For more information, contact an acute myeloid lawsuit railroad lawyer.
Benzene Exposure
Benzene is a colorless, poisonous gas that can cause cancer in people who are exposed over long periods of time. It is naturally produced in the environment, as well as through the combustion of gas and tobacco smoke. The skin is also able to absorb benzene. A railroad worker who developed cancer due to exposure to benzene might be able to sue their employer for compensation.
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 was a pumpman on several tankers during the 1970s and 1980s. He was frequently exposed to benzene's toxic fumes. His wife filed a claim for unjustified death against the vessel's owner following his passed away in 1995 from acute myeloid lymphoma.
Acute myeloidleukemia is a cancer that is fast-moving and can be fatal in few months if treated promptly. It is usually treated with chemotherapy, however in some instances radiation and targeted therapy may be used.
We obtained defense verdicts in 2 cases where plaintiffs claimed brain injury from exposure to solvents throughout their 23-year journey on rail. The defense provided experts' testimony on medical causation, industrial hygiene, and the jury ruled that the railway workplace was reasonably safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals that are used to protect wood, such as railroad ties. It contains several known carcinogens including polycyclic hydrocarbons (PAHs). The PAHs present in creosote are taken up through the skin, and may be ingested by drinking water contaminated with the chemical. PAHs can be absorbed into lungs where they can cause lung cancer.
Creosote inhalation can cause a variety symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can also cause second and third degree burns to the skin. The coal tar creosote contains a mixture of PAH compounds, including naphthalene as well as other carcinogenic compounds like Acenaphthene.
Creosote exposure could affect the health of family members and employees as well. Certain workers have developed papular basis cell carcinomas (common occupational skin cancers) which can develop to different parts of the body. Others have been affected by chronic lung disease the liver fibrosis, esophageal, and esophage, and chronic bronchitis.
The railroad industry often does not adequately inform employees about the dangers of a long-term exposure to toxic substances. It is not unusual for railroad workers to leave cranes, diesel engines, or forklifts operating while they work. Diesel exhaust from these engines can be inhaled and consumed. They also dunk rags in benzene-containing solvents to clean machines and tools.
Workers' Compensation
Railroad workers who develop cancer or suffer from another chronic illness because of exposure to harmful chemicals like benzene and Creosote, could be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) for damages in the form of money.
Many of the ailments that result from occupational exposure to carcinogenic chemicals like diesel fumes asbestos and silica, do not appear until a person is older. Therefore the statute of limitations in the majority of cases is only for three years after a person is first diagnosed with the disease. It is therefore important that victims get in touch with a railroad injury lawyer as soon as they can after being diagnosed.
In a recent case, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an ex-railroad employee who was diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA by failing to train their employees and provide them with proper safety equipment.
The jury gave the plaintiff $7.5 million in damages after finding that his cancer was directly related to his job on the Chicago & North Western Railroad. The man was exposed toxic chemicals like benzene creosote, as well as degreasing solvents while working for the company.
FELA
Former railroad workers who are diagnosed with cancer as a result of toxic exposures at work may be able to claim compensation under the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that provide victims with medical expenses and some loss of wages, FELA is a fault-based law that requires proof that the railroad employer was negligent in protecting its workers from the dangers of chemical exposures.
Bladder cancer lawsuit fight FELA claims for occupational diseases. Defense attorneys typically argue that the former employee isn't able to pinpoint particular instances of ailment. They also point out the absence of tests conducted by the government that prove the presence of carcinogens and toxins in equipment or parts employed by railways.
In the event of a successful FELA claim and a successful FELA claim, the family members of the victim can be compensated for their past and future pain and suffering and loss of enjoyment life, mental distress, and other damages. If the victim is killed due to the accident of the incident, the family may make a claim for wrongful death to claim the compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers get the financial help they require. Contact us to set up an evaluation of your case at no cost. We represent railroad workers throughout the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.