railroad lawsuits For Acute Myeloid Leukemia
Railroad workers frequently have prolonged exposure to carcinogenic chemicals and substances like creosote or benzene as well as asbestos. If you have been diagnosed with cancer and believe your exposure to these chemicals while working caused it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a specific railroad lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
Benzene, a colorless and toxic gas can cause cancer when exposed for a prolonged period. It is naturally produced in the environment, as well as through gas emissions and tobacco smoke. The human body may also absorb benzene through the skin. A railway worker who has developed cancer due to exposure to benzene may be able to file a claim against their employer for compensation.
In one case, the widow of a railroad employee who died was awarded $1,500,000 by the company that employed her husband. The late husband worked as pumpman on several tankers during the 1970s and 80s, and was frequently exposed to benzene. After he died from acute myeloidleukemia, in the year 1995 his wife filed a wrongful death claim against the vessel's owner.
Acute myeloid cancer is a cancer that spreads quickly and can be fatal within just a few months after diagnosis if it isn't treated. It is most commonly treated with chemotherapy, but in some cases radiation therapy and targeted therapy can be employed.
We obtained defense verdicts for an industry class 1 railroad in two cases where plaintiffs claimed injury to their brains from solvent-induced exposure over their 23-year tenure on the railroads. The defense provided expert testimony on medical causation and industrial hygiene and the jury concluded that the workplace of the railroad was reasonably safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals that are used to preserve wood, such as railroad ties. It is a mixture of carcinogens known to exist that include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are absorbed through the surface of the skin or ingested through drinking water that is polluted with this chemical. PAHs can also be absorbed into the lungs, where they may cause lung cancer.
Creosote inhalation can cause various symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can also cause third and second degree burns to the skin. Coal tar creosote has a variety of PAH compounds that include naphthalene, acenaphthene fluorene, phenanthrene, and fluorene All of them are carcinogenic.
Creosote exposure can affect the health of workers and their families and their families, as well. For example, some workers have developed papular basal cell carcinomas which are typical occupational skin cancers that can spread to other regions of the body. Some workers have also suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
The railroad industry doesn't always effectively communicate with its employees regarding the dangers associated with long-term exposure to toxic substances. For instance, it is not uncommon for railroad workers to abandon diesel-powered locomotives, forklifts and cranes on the road while they work. Diesel exhaust from these engines could be inhaled or ingested. They also soak rags with benzene solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who develop cancer or suffer from another chronic illness because of exposure to toxic chemicals like benzene and Creosote could be entitled to compensation for medical expenses and other expenses. 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 illnesses related to occupational exposures to carcinogenic substances like asbestos and diesel fumes don't manifest until a person reaches a certain age. Thus the statute of limitations generally only lasts for three years after an individual is first diagnosed with the illness. This is the reason it is crucial that potential victims get in touch with an experienced attorney for railroad accidents as soon as they can after being diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to train their employees and equip them with proper safety equipment.
The jury gave the plaintiff $7.5 million in damages after finding his cancer was linked to his work on the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote, benzene and other degreasing agents.
FELA
Former railroad workers who are diagnosed with cancer as a result of toxic exposures at work may be eligible to claim compensation under the Federal Employers Liability Act (FELA). Contrary to workers' compensation statutes that offer victims medical expenses and some loss of wages, FELA is a fault-based statute that requires proof that the railroad employer failed to protect its workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims involving occupational illnesses. Their defense lawyers often argue that the sick former employee is unable to pinpoint specific instances of exposures that are harmful. They also point out the absence of official tests showing the presence of carcinogens or chemicals in the parts or equipment employed by railways.
A successful FELA claim is the compensation for future and past physical suffering and pain and loss of enjoyment life, psychological stress, and other related damages. If the victim dies as a result of their injuries the wrongful death claim can be pursued to recover compensation for the deceased's family members.
We collaborate with FELA attorneys to assist railroad employees injured by injuries get the financial help 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.