A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals during your job caused it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For Leukemia lawsuit , contact an acute myeloid plaintiff in a railroad lawsuit lawyer.
Benzene Exposure
Benzene is a colorless and poisonous gas that can cause cancer in individuals who are exposed to it for prolonged durations. It is created in the atmosphere as well as through the release of gas and tobacco smoke. Leukemia lawsuit is also able to absorb the benzene. A railroad worker who develops cancer as a result of exposure to benzene might be able to receive monetary compensation from their employer.
In one case a railroad worker who died widow was awarded $1,500,000 in damages from the company which employed him. Her husband, who died in 1995, worked as pumpman on several tankers in the 1970s and 80s, and he was regularly exposed to benzene. His wife filed a lawsuit for the wrongful death of the vessel's owner after he passed away in 1995 from acute myeloid lymphoma.
Acute myeloid Leukemia is an aggressive type of cancer that can be fatal in several months if it is not treated promptly. The majority of patients are treated with chemotherapy, but in some instances radiation or targeted therapy may be used.
We obtained defense verdicts in two cases where plaintiffs claimed that they suffered brain damage due to exposure to solvents throughout their 23-year career on the railroad. The defense presented expert witness testimony on medical causation, industrial hygiene and the jury concluded that the work environment of the railroad was reasonably safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals that are used to protect wood, like railroad ties. It contains a number of carcinogens which are well-known such as polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote can be absorbed through the surface of the skin or ingested through drinking water that is infected with this chemical. PAHs can also be absorbed into the lungs, and can cause lung cancer.
Creosote inhalation can cause several symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and fourth degree burns to the skin. Coal tar creosote is a rich source of PAH compounds that include naphthalene, acenaphthene as well as fluorene and phenanthrene and fluorene, all of which are carcinogenic.
Creosote exposure can impact the health of the workers and their families and families. Certain workers have developed papular basal cell carcinomas (common occupational skin cancers) that may develop to different parts of the body. Some have also suffered from chronic asthma, esophageal esophagus ulcers, and fibrosis of the liver and lungs.
The railroad industry does not often communicate effectively with its employees regarding the dangers associated with exposure to long-term toxic substances. It is not uncommon for railroad employees to leave diesel locomotives, cranes, or forklifts operating while they work. These engines produce large amounts of exhaust from diesel engines, which can be ingested and inhaled through the lungs. They also soak rags in benzene that contains solvents to clean machines and tools.
Worker's Compensation
Railroad workers who develop cancer or develop another chronic disease because of exposure to toxic chemicals like benzene and Creosote, could be entitled to compensation for medical expenses and other losses. Bladder cancer lawsuit can help claimants pursue claims under the Federal Employers Liability Act (FELA) for financial damages.
Many of the ailments that result from occupational exposure to carcinogenic chemicals such as diesel fumes, asbestos and silica, do not manifest themselves until a worker is older. Thus, the statute of limitations generally only lasts for three years after an individual is first diagnosed with the disease. Therefore, it is crucial that potential victims speak with an attorney for railroad accidents as soon as they can after being diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an employee of a railroad who had been diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to train their employees and provide them with the appropriate safety equipment.
The jury gave the plaintiff damages of $7.5 million after finding that the cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed to various toxic chemicals including benzene, creosote and degreasing solvents while working for the company.
FELA
If a former railroad employee is diagnosed with cancer due to exposure to toxic substances while on the job or at work, they can file a claim under the Federal Employers Liability Act, or FELA. In contrast to workers' compensation statutes which provide medical expenses and lost wages to victims, FELA is a statute based on fault, which requires evidence of the railroad company not taking steps to protect its employees from the dangers posed by exposure to chemicals.
Railroad companies frequently fight FELA lawsuits involving occupational illnesses. Defense attorneys typically claim that the former employee is unable to pinpoint specific instances of unhealthy conditions. They are also critical of official tests that show the presence of carcinogens and chemicals in the parts or equipment used by the railway.
A successful FELA claim is awarded compensation for past and future physical suffering and pain in addition to loss of enjoyment life, psychological stress, and other related damages. If the victim is killed in the process then the family can make a claim for wrongful death to seek compensation.
We partner with FELA attorneys to assist injured railroad employees get the financial help they require. Contact us today to arrange an evaluation of your case at no cost. We represent railroad workers across the country, including New York City, Boston and Hartford, St. Louis and Denver among others.