A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers typically have long-term exposure to carcinogenic chemical and substances like creosote or benzene as well as asbestos. If you've been diagnosed with cancer and believe that your exposure to these chemicals at work caused it, you could be entitled to compensation.
The FELA law allows railroad workers to sue their employers for negligence. Contact a dedicated railroad lawsuit acute myeloid leukemia lawyer for more details.
Benzene Exposure
Benzene, a colorless toxic gas can cause cancer if exposed to for a prolonged period. It is produced in the environment as well as through the release of gas and tobacco smoke. The human body may also absorb benzene through the skin. Railroad workers who developed cancer as a result of exposure to benzene might be eligible for compensation in the form of monetary payments from their employer.
In one case, the widow of a railroad employee who died was awarded $1,500,000 by the company that employed her husband. Her late husband worked as pumpman on several tankers during the 1970s and 1980s, and he was regularly exposed to benzene. After he died from acute myeloid leukemia in 1995, his wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloid cancer is a cancer which spreads rapidly and can be fatal within several months after diagnosis if it isn't treated. The majority of patients are treated with chemotherapy, but in some instances radiation and targeted therapy may be used.
We obtained defense verdicts for a class 1 railroad in two cases where plaintiffs claimed that they suffered injuries to their brains due to solvent-induced exposure throughout their 23-year journey on the rails. The defense provided expert evidence on medical causation and industrial hygiene and the jury ruled that the workplace of the railroad was reasonably safe.
Creosote Exposure
It is a mixture composed of hundreds of chemicals used to preserve wood, such as railroad ties. It contains a number of carcinogens which are well-known such as polycyclic aromatic hydrocarbons (PAHs). The PAHs found in creosote are taken up through the surface of the skin or ingested through drinking water that has been affected by this chemical. PAHs also get absorbed by the lungs, where they could cause lung cancer.
Creosote inhalation may trigger various symptoms, such as eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and fourth degree burns to the skin. The coal tar creosote chemical is an amalgamation of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds like acenaphthene.
Creosote-related exposure can affect the health of employees as well as their families. Certain workers have developed papular base carcinomas (common occupational skin cancers) which can be spread to other parts of the body. Other sufferers have had chronic bronchitis, esophageal ulcers, and fibrosis of the lungs and liver.
A lot of times, the railroad industry isn't able to adequately inform employees about the dangers of long-term exposure to toxic substances. For instance, it's common for railroad workers to abandon diesel-powered locomotives, forklifts and cranes in operation during their work. Diesel exhaust from these engines could be inhaled and eaten. They also soak rags in benzene-containing solvents to clean machinery and tools.
class action lawsuit against union pacific railroad who are diagnosed with cancer or another chronic illness due to exposure to toxic chemicals such as creosote and benzene could be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many diseases that are triggered by exposure to carcinogenic substances in the workplace like diesel fumes and asbestos, are not evident until a person reaches a certain age. Therefore, the statute of limitations in the majority of cases is only for three years from when an individual is first diagnosed with the disease. This is why it is vital that any potential victims contact an experienced attorney for railroad accidents as soon as possible when they are diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an ex-railroad employee who was diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff claimed that the firm was in violation of FELA for not providing their employees with the required safety equipment and education.
The jury gave the plaintiff $7.5 million in damages after finding his cancer was linked to his job on the Chicago & North Western Railroad. The man was exposed toxic chemicals like benzene creosote, as well as degreasing solvents while working for the company.
FELA
When a former railroad worker is diagnosed with cancer as a result of exposure to toxic substances during their work and is diagnosed with cancer, they can pursue a claim for compensation under the Federal Employers Liability Act, or FELA. Contrary to the statutes for workers' compensation which provide medical expenses and lost wages to those suffering, FELA is a statute based on fault, which requires proof that the railroad employer is not taking steps to protect its employees from the dangers that come with chemical exposures.
Railroad companies often fight FELA lawsuits involving occupational illnesses. Their defense lawyers typically argue that the former employee is unable identify specific instances of exposure to harmful substances. They also point out the lack of test results from an official laboratory that show the presence of toxic substances or carcinogens within equipment or components manufactured and used by the railway company.
In the event of a successful FELA claim the family members of the victim are entitled to compensation for their past and future suffering and pain and loss of enjoyment life, mental distress, and other damages. If the victim is killed in the process of the incident, the family may file a wrongful-death claim to recover the compensation.
We partner with FELA attorneys to assist railroad employees injured by injuries get the financial help they require. 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 others.