FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past and retired railroad employees the right to bring a lawsuit against their employer if they suffer from cancer or other chronic illnesses from on-the-job exposure to benzene (creosote), benzene diesel fumes and other carcinogens. Call today to schedule a consultation with an experienced railroad lawyer today.
FELA Lawsuits
Railroads transport goods as well as services and people across the nation every day. These massive systems require a lot of railroad employees to manage and operate. Despite advances in technology, the job of a railroad employee remains extremely risky. As such, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers who have been injured.
Contrary to workers' compensation, which is a system that does not have fault, claimants must prove that their railroad employer was negligent to be eligible for payment under FELA. This is typically accomplished by showing that the railroad violated a federal standard such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
Negligence is typically easier to prove in FELA lawsuits than in other personal injury or comp cases. This is due to the the concept of comparative fault, which allows plaintiffs to claim damages regardless of whether they caused their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to investigate the evidence in these cases. It is crucial to find a lawyer as quickly as you can after your injury because the time limit for filing an FELA claim is very short. This allows us to gather statements of documents, papers, and other evidence prior to it disappearing. Contact us to set up a one-on-one consultation with an attorney who is experienced in railroad litigation today.
Exposure to Carcinogens
Railroad workers face the risk of contracting a variety of illnesses due to exposure to toxic chemicals and toxins on the job. Railroad employees have been exposed for a long time to welding fumes and diesel fumes. They are also exposed to asbestos, lead silica, creosote and creosote. This is why these chemicals can cause cancer and other illnesses in railroad employees. If a past or current railroad employee is suffering from an illness that is directly linked to the chemicals they were exposed to at work They may be able to submit an FELA suit.
Numerous studies have revealed that railroad workers tend to have a higher risk of cancer than workers in other occupations. The most frequent kinds of cancers that are seen in railroad workers include throat, esophageal and lung cancers, as well as basal cell carcinomas on the head and neck.
Benzene is one of the most frequently used carcinogens which railroad workers are exposed. It has a pleasant smell and is a colorless, odorless gas. It was banned over 20 years ago in the United States, but it can still be found in crude oil and diesel exhaust. It is also a component in certain solvents and degreasers. Latonya Paige is suing BNSF as well as the City of Houston and Texas after her nephew died of leukemia. Her lawsuit claims the railroad and the city contaminated the neighborhood with toxic chemicals from the rail yard of the railroad. Giles lived two blocks away from the creosote and rail yard.
The signs of Cancer
Railroad transportation is essential to the American economy. Each year, America's railways transport 30 million people and 1.6 billion tons of freight, which includes food lumber, crude oil, grain, vehicles chemicals, crushed stone and metal ore. Railroad workers are exposed range of dangerous materials, and many develop illnesses such as cancer as the result. A FELA injury attorney could 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 he was not provided with the correct safety equipment to protect himself from the hazards of his job.
LaTonya Paige, a second plaintiff asserts that her breast cancer was caused by her work at the Union Pacific rail yard. The Houston resident first noticed an abnormal lump in her breast in the year 2016. When doctors removed the mass they discovered it was malignant. The cancer has spread from her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor has contacted the Biden administration to seek fines and orders to clean up of the Union Pacific site in his city. The site was used until the 1980s to store railroad ties made of wood that were treated with creosote, which is a chemical blend of coal tar and other toxic chemicals. A study released in January by Texas health officials identified the area as a source of clusters of acute myeloidleukemia, colon, bladder, lung and rectal cancers, and Rheumatoid Arthritis.
union pacific railroad lawsuits of other illnesses
Railroad workers are at risk of developing serious health issues, particularly when they are exposed to chemicals every day. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer violates the law. Chaffin Luhana is dedicated to helping these victims receive the full amount of the compensation they're entitled to.
Research has shown that those working in the railroad industry are more likely to develop types of cancer. When workers are inside locomotives or working in yards, they are often exposed to harmful chemicals. For example the study found that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical, Benzene, has been linked with cancer among railroad workers. It is found in a variety of solvents, degreasers and other products used in the railroad industry. It is also a constituent of diesel exhaust, and is known to cause non-Hodgkin lymphoma in railroad workers.
In September the month of September, a jury voted $7.5 million to the railroad worker who was diagnosed with leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for many years. He claimed he worked without protection equipment when he was installing railroad tieways that were immersed in creosote. He also alleged that he was exposed to cleaning solvents and lead. He was suffering from myelodysplastic disorder (MDS) which later progressed to acute myeloid leukemia.