A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers often have prolonged exposure to carcinogenic chemicals and substances such as asbestos, benzene and creosote. If you've been diagnosed with cancer and believe your exposure to these chemicals while working caused it, you could be entitled to compensation.
The FELA law permits railroad workers to sue their employers for negligence. For more information, contact an acute myeloid lawsuit railroad lawyer.
Benzene Exposure
Benzene is a colorless, poisonous gas that can cause cancer in those who are exposed to it for prolonged durations. class action lawsuit against norfolk southern railroad is produced by the atmosphere as well as by the emission of gas and tobacco smoke. The human body can absorb benzene through the skin. Railroad workers who developed cancer due to exposure to benzene may be able to receive monetary compensation from their employer.
In one case a railroad employee who died widow was awarded $1,500,000 in damages from the company which employed him. Her husband was a pump man on various tankers in the 1970s and 80s, and was exposed to benzene. After his death from acute myeloid leukemia in the year 1995 His wife filed a wrongful death claim against the vessel's owner.
Acute myeloid leukemia can be a fast-moving cancer that can be fatal within a few months if not treated promptly. The majority of patients are treated with chemotherapy, but in some cases radiation therapy and targeted therapy might be utilized.
We obtained defense verdicts for an industry class 1 railroad in two cases where plaintiffs claimed to have suffered injury to their brains caused by solvent exposure throughout their 23-year journey on the rails. The defense provided expert witness testimony on medical causality, industrial hygiene and the jury determined that the workplace of the railroad was fairly safe.
Creosote Exposure
Coal tar creosote is a mixture of hundreds of chemicals used to preserve wood, including railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs in creosote are absorption through the skin and can be ingested via drinking water that is contaminated with the chemical. PAHs can also be absorbed into the lungs, where they could cause lung cancer.
Creosote inhalation can lead to a variety of symptoms that include irritation to the respiratory tract, eye problems nausea and vomiting. It can cause skin burns of the second and third degrees. Coal tar creosote contains numerous PAH compounds such as naphthalene and acenaphthene, fluorene, and phenanthrene, all of which are carcinogenic.
Creosote can be detrimental to the health of workers as well as their families. For example, some workers have developed basal cell tumors papular that are common skin cancers that can spread to other areas of the body. Other workers have suffered from chronic lung disease and liver fibrosis, esophageal and esophageal and chronic bronchitis.
The railroad industry isn't always effectively communicate with its employees about the dangers associated with exposure to long-term toxic substances. For instance, it's common for railroad workers to leave diesel-powered engines, forklifts, and cranes running during their work. These engines generate large amounts of exhaust from diesel engines, which is ingested and breathed in through the lungs. They also soak rags in benzene containing solvents to clean machines and tools.
Worker's Compensation
Railroad workers who have been diagnosed with cancer or another chronic illness because of exposure to toxic chemicals such as creosote and benzene might be entitled to compensation for medical expenses and other damages. A New York railroad cancer lawyer can help claimants pursue claims under the Federal Employers Liability Act (FELA) for financial damages.
Many ailments related to exposure to carcinogenic substances such as diesel fumes, asbestos and silica don't appear until a person is older. In the majority of cases, statute of limitations is only three years following a person's first diagnosis. This is why it is important to contact an experienced railroad injury lawyer within the first few days after being diagnosed.
In a case that was recently heard, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway employee who was diagnosed with leukemia after decades of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA in failing to provide employees with the appropriate safety equipment and education.
The jury gave the plaintiff $7.5 million in damages after finding his cancer was linked to his work on the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals, including creosote, benzene and degreasing agents.
FELA
When a former railroad worker is diagnosed with cancer caused by exposure to toxic chemicals during their work and is diagnosed with cancer, they can make a claim under the Federal Employers Liability Act, or FELA. In contrast to the workers' compensation laws which provide medical expenses and lost wages to victims, FELA is a statute founded on fault that requires proof of the railroad employer not protecting their employees from the dangers posed by chemical exposures.
Railroad companies often fight FELA lawsuits involving occupational diseases. Defense attorneys typically claim that the former employee is unable to identify specific instances of health issues. They also point out the absence of official test results showing the presence of toxic substances or carcinogens found in equipment or parts made and used by the railway company.
A successful FELA claim is awarded compensation for past and future physical pain and suffering as well as loss of enjoyment of life, psychological suffering, and other related damages. If the victim dies as a result of their injuries and/or injuries, a wrongful demise claim can be filed to recover compensation for the deceased person's family members.
We work with FELA attorneys to help injured railroad employees receive the financial aid they need. Contact us for a free consultation. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.