FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past, and retired railroad workers the right to file a lawsuit against their employer when they develop cancer or suffer from another chronic illness through exposure to benzene (creosote), benzene carcinogens such as diesel fumes. Contact us today to receive a free consultation with a skilled railroad lawyer.
FELA Lawsuits
Every day railroads transport people, products, and services across the nation. These huge systems require a large number railroad employees to manage and operate. The work of a railroad worker is extremely risky, despite the technological advancements. The Federal Employers Liability Act was put in place to ensure that railroad workers are not injured.
In union pacific railroad lawsuits to workers' compensation that is a no-fault system, claimants must prove that their railroad employer was negligent in order to receive compensation under FELA. This is typically accomplished by proving that the railroad's actions violated the federal standard, such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is usually simpler to prove in FELA lawsuits than it is in other personal injury or compensation cases. This is due to the pure the concept of comparative fault, which allows workers to receive damages regardless of whether they caused their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to investigate the evidence in these cases. It is important to hire a lawyer as early as possible after your injury, as the time frame for filing an FELA claim is very short. This allows us to gather statements, documents, records and other evidence before it disappears. Contact us today to arrange one-on-one meetings with an attorney skilled in railroad litigation today.
Exposure to Carcinogens
Railroad workers are at risk of contracting illnesses as a result of exposure to toxic chemicals. For decades, railroad workers have been exposed to diesel fumes, welding fumes, asbestos, lead silica, creosote, and asbestos. This is why these chemicals can cause cancer as well as other illnesses in railroad employees. If a former or current railroad employee suffers from an illness that is directly attributable to the chemicals they were exposed to while working they could be able to file a FELA lawsuit.
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 lung, esophageal, and throat cancers as well as basal-cell carcinomas of the neck and head.
One of the most common carcinogens railway workers are exposed to is benzene. Benzene is a non-colorless gas that has a pleasant smell. It was banned over 20 years ago in the United States, but it remains in crude oil and diesel exhaust. It is also a component in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. The suit claims that the railroad and city contaminated the area with toxic chemicals that came from the railroad's rail yard. Giles lived only a couple blocks from the rail yard and creosote treatment site.
Cancer Signs and Symptoms
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 food, lumber and crude grain, oil as along with vehicles chemical and metal ore. A FELA injury lawyer can help you file a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, which is a type of skin cancer. He claims that his exposure to sunlight and creosote coated 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 his workplace hazards.
LaTonya Paige, another plaintiff who claims that her breast cancer was triggered by her job at a Union Pacific rail yard. The Houston resident claimed she first noticed a lump in her breast in the year 2016. The lump was later found to be malignant when doctors removed it. The cancer has been able to spread to her lymph nodes, lungs the esophagus, and her liver.
The Houston mayor asked the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used until the 1980s to store wooden railroad ties which were treated with creosote, chemical mix of coal tar and other harmful chemicals. In a study released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers, and rheumatoid arthritis.
The symptoms of other Diseases
Railroad workers are at risk of developing serious health problems, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to pursue compensation when their employer has violated the law. Chaffin Luhana is dedicated to ensuring that victims receive the full amount of compensation they deserve.
According to research, those working in the railroad sector are more susceptible to developing cancer. Workers are exposed to harmful chemicals, whether they are working in locomotives or in yards. For example, a study shows that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. Another chemical that has been linked to cancer in railroad workers is benzene, which is present in many solvents and degreasers used by rail companies. It is also found in diesel exhaust, and is believed to cause non Hodgkin lymphoma among rail workers.
In September, a jury awarded $7.5 million to a railroad worker who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad and later, for Union Pacific Railroad Company, for a long time. He claimed that he did not wear protective equipment when putting in railroad ties that were soaked in creosote. He also claimed that he had been exposed to lead and degreasing agents. He suffered from myelodysplastic syndrome (MDS) that eventually led to acute myeloid leukemia.