FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, current and former employees, the right to sue their employer if they suffer from cancer or another chronic disease because of exposure to benzene fumes diesel fumes and other carcinogens. Call today for a free consultation with a skilled railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and even people throughout the country each day. These massive systems require an enormous number of railroad workers to run and manage. The job of a railway worker is extremely dangerous, despite technological advances. The Federal Employers Liability Act was adopted to ensure that railroad workers are not injured.
In contrast to workers' comp which is a no-fault system claims, the claimant must show that their railroad employer was negligent to be eligible for payment under FELA. Usually, this is accomplished through showing that the railroad violated some federal law, like the OSHA regulations, Boiler Inspection Act, or Safety Appliance Act.
railroad controls limited lawsuit is typically easier to prove in FELA lawsuits than in other types of personal injury or workers' comp cases. This is due to the pure the concept of comparative fault, which allows plaintiffs to claim damages regardless of the fact that they contributed to their injuries.
Shaw Cowart's lawyers have vast experience in FELA claims and know how to examine the evidence in these cases. Because the time to file a FELA claim is limited It is essential to hire an attorney early enough after your injury. This will allow us to collect statements, documents, records and other evidence before it disappears. Contact us today to arrange an appointment with a railroad litigation attorney.
Exposure to carcinogens
Railroad workers face the possibility of contracting a variety of illnesses due to exposure to toxic chemicals and toxins on the job. For a long time, railroad workers have been exposed to diesel fumes, asbestos, lead silica, creosote, and silica. These chemicals can cause cancer or other diseases among railroad workers. When a former or current railroad employee develops a disease that is directly related to the chemicals they were exposed to while working or at home, they could be eligible to make an FELA lawsuit.
Numerous studies have revealed railroad workers to be more likely to develop cancer than other occupations. The most frequent cancers among railroad workers include lung, esophageal and throat cancers as well basal-cell cancers of the neck and head.
Benzene is among the most commonly used carcinogens to which railroad workers are exposed. Benzene is a colorless gas that has a sweet odor. It was banned over 20 years ago in the United States, but it is still present in crude oil and diesel exhaust. It is also a component in degreasers and solvents. Latonya Paige is suing BNSF and the City of Houston and Texas after her nephew was diagnosed with leukemia. Her lawsuit claims that the railroad and city affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived just a few blocks away from the creosote and rail yard.
Cancer symptoms
Railroad transportation is vital to the American economy. The railroads in America transport 30 million people each year, and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grain, as in addition to vehicles, chemicals and metal ore. A FELA injury lawyer can assist you in filing a lawsuit against your employer.
For example, one former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that exposure to sunlight and creosote infused railroad ties between 1968 and 2009 caused the condition. He also complains that his workplace was not equipped with the correct safety equipment to protect him from workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on the Union Pacific track yard. The Houston resident first noticed an abnormal lump in her breast in the year 2016. When doctors removed the lump they discovered that it was malignant. The cancer has been spreading from her lymph nodes to her lungs, liver, and esophagus.
The Houston mayor has asked the Biden administration to seek fines and orders to clean up of the Union Pacific site in his city. The site was used until the 1980s to store railroad ties made of wood that were treated with creosote, which is a chemical blend of coal tar and other poisonous chemicals. A study released in January by Texas health officials linked the area to clusters of acute myeloid leukemia, bladder, lung, colon and rectal cancers as well as rheumatoid arthritis.
Symptoms of other diseases
Railroad workers face a myriad of health risks, and this is especially true for those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act gives railway workers the right of compensation when their employer violates the law. Chaffin Luhana is committed to ensuring that these victims receive the maximum amount of compensation they are entitled to.
According to research, those working in the railroad sector are more likely to develop cancer. Workers are exposed to harmful chemicals whether they are working in locomotives or in yards. For instance research has revealed that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. Benzene is a different chemical that has been linked with cancer in railroad workers. It is found in a wide range of solvents, degreasers and other products used by the rail industry. It is also found in diesel exhaust, and is believed to cause non Hodgkin lymphoma among rail workers.
In September an indictment, a jury decided to award $7.5 million to a railroad worker who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed he worked without protection equipment when he was installing railroad tieways that were immersed in creosote. He also alleged that he was exposed cleaning solvents and lead. He was diagnosed with myelodysplastic syndrome (MDS) that eventually developed into acute myeloid leukemia.