FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act gives railroad workers, present and former, the right to sue their employer in the event that they develop cancer or any other chronic illness as a result of exposure to benzene fumes, diesel fumes, or other carcinogens. Contact us today for a complimentary consultation with a skilled railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and even people throughout the country each day. It takes a significant number of railroad workers to operate and manage these huge systems. Despite advances in technology the work of a railway worker remains extremely hazardous. As such, the Federal Employers Liability Act (FELA) was passed to protect railroad workers injured.
Unlike workers' compensation, which is a no-fault insurance system the claimants who are covered under FELA must prove that their railroad's employer was negligent to receive payment. Usually, this can be accomplished by proving that the railroad's conduct was in violation of a federal norm, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than other personal injury lawsuits. This is due to the concept of comparative negligence which allows workers to recover damages even if their own actions contributed to their injuries.
Shaw Cowart's lawyers have extensive experience with FELA claims, and they know how to look into evidence in these cases. Because the timeframe for filing an FELA claim is limited, it is important to seek out an attorney immediately following your injury. This will allow us to collect statements as well as documents, records, and other evidence prior to it disappearing. Contact us to set up a one-on-one consultation with an attorney skilled in railroad litigation today.
Exposure to carcinogens
Railroad workers are at risk of contracting a variety of diseases due to exposure to toxic chemicals. Railroad employees have been exposed for years to diesel fumes and welding fumes. They also are exposed to lead, asbestos silica, creosote, and creosote. In turn, these chemicals can cause cancer as well as other illnesses in railroad employees. If a former or present railroad employee is suffering from an illness directly related to the chemicals that they were exposed to during their work and is able to submit an FELA suit.
Numerous studies have found railroad workers to be more likely to develop cancer than other occupations. Some of the most common cancers that railroad workers suffer from include the esophageal, lung, and throat cancers as well basal-cell cancers of the neck and head.
One of the most prevalent carcinogens railroad workers are exposed to is benzene. It is a colorless gas that has a pleasant smell. It was banned in the United States more than 20 years ago, yet it is present in gasoline, crude oil and diesel exhaust. It is also a component of some solvents and degreasers. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew died of leukemia. Her lawsuit claims the railroad and the city contaminated the area with toxic chemicals that came from the railroad's rail yard. Giles lived just a few blocks away from the rail yard and creosote treatment sites.
Symptoms of Cancer
Railroad transportation is essential 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, grains as well as cars, chemicals and metal ore. A FELA injury attorney could help you file a suit against your employer.
For example, one former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, which is a skin cancer. He claims that his exposure to sun radiation and creosote-coated railroad ties from 1968 until 2009 contributed to the condition. He also claims he did not receive the proper safety equipment to safeguard himself from workplace hazards.
LaTonya Paige, another plaintiff, claims that her breast cancer was triggered by her job at the Union Pacific rail yard. Houston resident LaTonya Payne first noticed the lump on her breast in 2016. The lump was later found to be malignant after doctors removed it. The cancer has spread from her lymph nodes to her lungs, liver, and esophagus.
The Houston mayor contacted the Biden administration for fines and orders to clean up a Union Pacific site located in his city. The site was used to store wooden railroad tie treated with coal tar and other toxic chemical compounds until the 1980s. A study released in January by Texas health officials found that the area was associated with clusters of acute myeloidleukemia bladder, lung, colon and rectal cancers, as also rheumatoid arthritis.
Signs and symptoms of other Diseases
Railroad workers are at risk of numerous health risks, including those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to seek compensation if their employer is in violation of the law. railroad lawsuit settlements is committed to helping these victims receive the full amount of compensation they are entitled to.
According to research, workers in the railroad industry are more at risk of developing cancer. Workers are exposed to harmful chemicals whether they work inside locomotives or in yards. For example the study found that railroad workers who were exposed to diesel exhaust were more likely to develop lung cancer. Another chemical, Benzene, has been associated with cancer among railroad workers. It is present in a variety of solvents, degreasers and other products used in the railroad industry. It is also a component in diesel exhaust, and is known to cause non-Hodgkin lymphoma in railroad workers.
In September the month of September, a jury voted $7.5 million to a railroad employee who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed that he did not wear protective equipment when putting in railroad tieways that were immersed in creosote. He also alleged that he was exposed degreasing solvents as well as lead. He was diagnosed with myelodysplastic Syndrome (MDS), which eventually led to acute myeloid leukemia.