FELA and Railroad Lawsuits
Railroad workers who are exposed to harmful chemicals such as diesel exhaust fumes, coal fumes, benzene or asbestos are at risk of developing a serious illness like cancer. A successful FELA case could award damages to pay medical expenses, lost income as well as pain and suffering.
Union Pacific recently awarded $7.5 Million to a railroad worker who developed Leukemia. This is just one instance of the justice system standing up for the victims.
Benzene
Railroad workers often work with chemical solvents as well as other hazardous materials, including benzene. The evaporation rate of benzene is high. liquid which can be absorbed via the skin or inhaled. It has been linked to a number of medical diseases, such as blood cancers, cancers of the blood like leukemia and lymphoma, and bone marrow disease. It is also a substance that causes cancer and a constituent in coal tar creosote that is used to protect railroad tie from heat, sunlight and rain.
One former rail worker claimed exposure to benzene when working with coal tar creosote railroad ties resulted in Myelodysplastic Syndrome (MDS), which grew into Acute Myeloid Leukemia. A jury gave the man $7.5 million in September of last year.
Those who have been diagnosed with cancer or other chronic illnesses that result from exposure to benzene, asbestos radioactive substances, and other dangerous chemicals are entitled to submit a claim for compensation under FELA. Based on the type of cancer or illness the statute of limitations could differ, so it is essential to speak with an experienced lawyer as soon as is possible.
A railroad attorney from Shaw Cowart can help you determine if your case is a valid FELA claim. We provide free consultations and are well-versed with FELA, railroad workplaces and the harmful cancer-causing chemicals that railroad workers face on a daily basis.
Asbestos
Our lawyers have represented railroad workers who contracted lung cancer and other illnesses caused by asbestos exposure. They often worked in areas like repair shops, engine rooms and yards and on rail cars that had been damaged or on track equipment with deteriorating asbestos insulation. This type of asbestos is particularly dangerous since, when it begins to degrade tiny fibers are released into the air. These fibers can be inhaled by workers on railroads and cause mesothelioma, as well as other asbestos-related health conditions including lung cancer, asbestosis, pleural plaque and fibrosis.
In addition to asbestos, railroad workers are also at risk of developing lung diseases due to diesel exhaust and exposure to other workplace toxins, such as solvents, welding fumes and silica sand. The particles and fumes that are emitted from these workplaces can damage the lungs, kidneys and gastrointestinal tract as well blood cells. These injuries are often diagnosed many years after an employee's initial exposure, and can lead to a variety of serious and debilitating medical issues.
A recent case involving Conrail highlights the dangers of this kind of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail in respect of a former railway worker who was diagnosed with mesothelioma. A jury awarded damages for his pain and suffering, loss of companionship, future medical expenses and other losses. This case highlights the importance of working closely with an experienced lawyer who can quickly determine whether a FELA claim is justified.
Radioactive Substances
People exposed to radioactive substances could develop cancer or other serious ailments. These substances are typically hidden in the materials railroads employ to clean track and other rail yards. They can be difficult to identify unless a railroad company is testing them for alpha and Gamma radiation. If a railroad employee develops cancer or suffers from another illness triggered by exposure to carcinogenic chemicals while on the job, he could apply for an FELA and receive compensation from the former employer.
Railroad workers are more prone than other workers to develop cancer. This is because they are constantly exposed to toxic substances that can cause lung cancers, such as asbestos and Sand dust (silica) as well as diesel fumes, welding fumes, and creosote.
Railroad employees who have been diagnosed with cancer as the consequence of exposure to the workplace should consult a railroad lawyer as soon as they can. They can help them determine whether they have a claim against their former employers and initiate the appropriate lawsuits in accordance with FELA. These claims can include reimbursement for medical expenses and income loss as well as pain and suffering. They may also seek compensation for the death of a loved one as the event of wrongful death. A skilled railroad attorney can assist victims receive the full amount of compensation they are entitled to under FELA.
FELA
Railroad workers such as engineers conductors, and train crew members are often exposed to hazardous conditions which can cause lung damage without even realizing it. If a former railroad worker has contracted an illness, such as lung cancer or another condition that could be related to their work or work, they may be eligible to file for compensation under the Federal Employers Liability Act (FELA).
In railroad lawsuit to workers' compensation, FELA permits railroad employees who are injured to file a lawsuit. This includes past and future medical costs and emotional suffering. A lawyer who is familiar with rules of FELA can explain your options to file.
To be successful in a FELA claim, you must prove that your employer was negligent. Negligence could mean breaking a rule or law and not observing an acceptable standard of care and more. A FELA lawyer can evaluate your case and determine whether railroad negligence was a factor in your condition.
Several different types of lung diseases and illnesses can be linked to exposures to the railroad. If you were exposed to asbestos, diesel exhaust creosote and other toxins throughout your employment on the railroad, 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 a variety verdicts and settlements.