FELA and Railroad Lawsuits
People who are exposed to toxic chemicals such as coal fumes, diesel exhaust or asbestos could develop serious illnesses including cancer. A successful FELA claim can award damages to pay medical expenses, lost income, suffering and pain.
A railroad worker who contracted leukemia recently received $7.5 million from Union Pacific. This is just one instance of the justice system standing up for victims.
Benzene
Railroad workers often work with chemical solvents and other hazardous substances, like benzene. Benzene, a liquid that is highly evaporative is absorbed through the skin or inhaled. It is linked to various medical conditions, including cancer, blood-related cancers such as leukemia and lymphoma, and bone-marrow diseases. It is also a carcinogen as well as is a component of coal creosote. railroad lawsuit 's used to shield railroad ties from sunlight, heat snow, rain, and sunlight.
A former railroad worker claimed that his exposure to benzene during his work with coal tar creosote railroad ties caused Myelodysplastic Syndrome (MDS), which grew into Acute Myeloid Leukemia. A jury awarded the man $7.5 million in September last year.
Those who have been diagnosed with cancer or other chronic illnesses resulting from exposure to benzene, asbestos, radioactive substances and other toxic chemicals are entitled to submit a claim for compensation under FELA. The time period for filing claims can vary based upon the type and extent of the cancer or disease. It is essential to speak with an experienced attorney as soon as you can.
Shaw Cowart's railroad lawyers can assist you in determining whether your case is a candidate to be an FELA lawsuit. We provide free consultations, and we are well-versed in FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad employees who suffered from lung cancer and other health issues due to asbestos exposure. They worked in areas such as repair shops, engine rooms and yards, or on track equipment or derailed rail cars that contained asbestos insulation. This kind of asbestos can be extremely hazardous, as when it degrades, tiny fibers are released in the air. These fibers are inhaled by railroad employees and can cause mesothelioma and lung cancer, asbestosis and pleural plaque.
Railroad workers are at the risk of developing lung cancer from diesel exhaust, silica sand, and welding fumes. These fumes can cause harm to the lungs, kidneys and gastrointestinal tract. These injuries are often identified after years of exposure and can cause a variety of grave and debilitating health conditions.
The recent case against Conrail illustrates the risks that come with this type of work. The Appeals Court upheld a jury award of $2.3 million to Conrail, a railroad company, for an employee of the railroad who died of mesothelioma. A jury awarded damages for suffering and pain, as well as loss of companionship, future medical expenses and other losses. The case underscores the importance of working with a seasoned attorney who can quickly determine whether an FELA claim is warranted.
Radioactive Substances
Railroad workers who have been exposed to radioactive substances are at risk of developing certain types of cancers and other serious diseases. These substances are often hidden in the materials used by railroads to clean tracks and other rail yards. They are often difficult to spot unless the railroad company is screening them for alpha or the gamma radiation. If a railway worker is diagnosed with cancer or another illness that is the result of exposure to carcinogenic substances on the job, they are able to submit an FELA claim and receive compensation from their former employer.
Research has revealed that workers in the railroad industry are more likely to develop various types of cancer than other people. They are exposed to the toxins that can cause lung cancer. These include asbestos as well as silica (silica) and diesel fumes or welding fumes.
A railroad lawyer is recommended to be consulted as soon as is possible by railroad employees who have been diagnosed as having cancer as a result of exposure to radiation during their work. They can help them determine if there is a claim against the former employer and pursue the appropriate lawsuits, that are based on FELA. These lawsuits could result in compensation for medical expenses, loss of income, and discomfort and pain. They also can compensate for the loss of a loved one in a wrongful-death claim. A knowledgeable railroad attorney can help victims get the maximum amount of damages they are entitled to under FELA.
FELA
Engineers, conductors and train crew members work in hazardous environments where they can damage their lungs without even realizing. Former railroad workers who have developed lung cancer or other conditions which could be due to their work may apply for compensation under Federal Employers Liability (FELA).
In contrast to claims for workers' compensation, FELA allows injured railroad employees and families of deceased employees to seek damages for future and past emotional and medical expenses. An attorney familiar with FELA regulations can tell you your options.
In order to prevail in a FELA claim you must prove that your employer acted negligently. Negligence can include breaking a rule or law or not achieving an acceptable standard of care, and more. A knowledgeable FELA lawyer can evaluate your case to determine whether negligence by the railroad contributed to your condition.
Several different types of lung diseases and illnesses can be linked to railroad exposures. If you were exposed to asbestos, diesel exhaust, creosote or any other toxic substances during your employment on the railway, a qualified mesothelioma attorney can assist you in filing for compensation under FELA. Hughes Law Offices has handled FELA cases in the past and have resulted in various settlements and verdicts.