A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to substances and chemicals that can cause cancer, such as asbestos and benzene. If you think that exposure to these substances while working caused cancer, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a specialist railroad lawsuit acute myeloid leukemia lawyer for more details.
Benzene Exposure
Benzene, a colorless and toxic gas, can cause cancer when exposed to it for a long period of time. It is produced in the environment and also by gas emissions and tobacco smoke. The skin also absorbs benzene. A railway worker who has been diagnosed with cancer as a result of exposure to benzene may be able to file a claim against their employer for compensation in the form of money.
In one case the widow of a railroad employee who passed away was awarded $1,500,000 by the company which employed her husband. The late husband worked as an engineer on various tankers in the 1970s and 1980s and was often exposed to benzene. His wife filed a claim for unjustified death against the vessel's owner following his died in 1995 of acute myeloid lymphoma.
Acute myeloid Leukemia is a fast-moving cancer that can be fatal within a few months if not treated promptly. It is typically treated with chemotherapy, but in some cases radiation or targeted therapy can be employed.
We have obtained defense verdicts in two cases where plaintiffs claimed they suffered brain injury due to exposure to solvents over their 23-year journey on rail. The defense offered expert witness testimony on medical causality, industrial hygiene and the jury concluded that the workplace of the railroad was relatively safe.
Creosote Exposure
It is a mix made up of hundreds of chemicals used to preserve wood, such as railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). The PAHs that are found in creosote are absorbent through the surface the skin or ingested by drinking water that has been affected by this chemical. PAHs are also absorbed through the lungs, and could cause lung cancer.
Creosote-inhalation exposure can cause a variety of symptoms that include irritation to the respiratory tract, eye problems 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 such as naphthalene and acenaphthene and fluorene. Phenanthrene is also a component each of which is carcinogenic.
Exposure to creosote can affect the health of employees and their families and their families, as well. Certain workers have developed papular base carcinomas (common occupational skin cancers) which can be spread to other parts of the body. Others have suffered from chronic bronchitis, esophageal ulcers, and fibrosis of the lungs and liver.
The railroad industry often isn't able communicate effectively with employees about the dangers of long term exposure to toxic substances. For instance, it's not unusual for railroad workers to abandon diesel-powered locomotives, forklifts and cranes running during their work. Diesel exhaust from these engines can be inhaled and consumed. They also soak rags in solvents containing benzene to clean machines and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or another chronic illness because of exposure to toxic chemicals such as creosote and benzene could be entitled to compensation for their 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 health issues resulting from exposure to carcinogenic substances like diesel fumes, asbestos and silica, do not manifest themselves until a worker is older. Therefore the statute of limitations in the majority of cases is only for three years after the person is first diagnosed with the illness. This is why it is vital to contact an experienced railroad injury lawyer as soon as possible after they are diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the firm violated FELA by not providing their employees with the proper safety equipment and training.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote, benzene and other degreasing agents.
FELA
If a former railroad employee is diagnosed with cancer caused by exposure to toxic substances while on the job, they may file a claim 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 that requires evidence of the railroad's employer not taking steps to protect its employees from the dangers posed by exposure to chemicals.
Railroad companies are often involved in FELA lawsuits that concern occupational diseases. Defense attorneys typically claim that the former employee isn't able to identify specific instances of health issues. They also point out the lack of official test results indicating the presence of toxins or carcinogens in the equipment or parts manufactured and used by the railway company.
A successful FELA claim is awarded compensation for past and future physical pain and suffering in addition to loss of enjoyment life, psychological distress, and other related damages. If the victim is killed in the process or a result of the accident, the family is able to make a claim for wrongful death to receive compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers obtain the financial support they need. Contact cancer lawsuit to schedule an evaluation of your case for free. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.