FELA and Railroad Lawsuits
Railroad workers exposed to harmful chemicals such as coal fumes diesel exhaust benzene or asbestos are at risk of developing serious illness, including cancer. A successful FELA claim can award damages to compensate for medical expenses, income loss, pain and suffering.
Union Pacific recently awarded $7.5 Million to one of its railroad workers who was diagnosed with Leukemia. This is just one instance of the justice system standing up for the victims.
Benzene
Railroad workers are often exposed to chemical solvents, as well as other hazardous substances, such as benzene. Benzene, a liquid that is highly evaporative is absorbed through the skin or inhaled. It has been linked to a range of medical illnesses, including cancer, blood cancers such as leukemia and lymphoma, as well as bone marrow diseases. It is also a substance that causes cancer and is a component of coal tar creosote which is used to protect railroad ties from heat, sunlight and rain.
A former rail worker claimed that exposure to benzene working with coal-tar creosote create railroad ties, lead to Myelodysplastic Syndrome. This progressed to Acute Myeloid leukemia. A jury awarded him $7.5 million last September.
People who have been diagnosed as having cancer or other chronic illnesses due to exposure to radioactive substances benzene asbestos and other toxic chemicals, are entitled to claim compensation under FELA. The time period for filing claims can vary based upon the type and extent of the cancer or illness. It is important to speak with an experienced attorney as soon as you can.
A railroad lawyer at Shaw Cowart can help you determine if your case is eligible for a FELA claim. We offer free consultations and are well-versed with FELA as well as railroad workplaces and the cancer-causing chemicals railroad workers face every day.
Asbestos
Our lawyers have represented railroad employees who contracted lung cancer or other health conditions due to asbestos exposure. They typically worked in areas like repair shops, engine rooms and yards and on rail cars that had been damaged or track equipment that was asbestos insulation that was degrading. This type of asbestos is extremely dangerous because, when it deteriorates tiny fibers are released into air. These fibers are inhaled by workers on railroads and cause mesothelioma along with other asbestos-related illnesses including lung cancer, asbestosis as well as pleural plaques and fibrosis.
Railroad workers are at risk of developing lung disease due to diesel exhaust, silicasand and welding fumes. These particles and fumes could damage the kidneys, lungs and gastrointestinal tract as well as blood cells. These injuries are usually discovered several years after the initial exposure and can lead to several grave and debilitating health conditions.
Railroad Cancer Lawsuit Settlements against Conrail exposes the risks associated with this kind of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail in respect of an ex-railway worker who died of mesothelioma. The jury awarded damages to compensate for suffering and pain as well as companionship loss, future medical expenses, and other losses. This case illustrates the importance of working closely with an experienced attorney who can quickly assess whether a FELA claim is legitimate.
Radioactive Substances
People exposed to radioactive substances can develop cancers or other serious diseases. The substances are usually hidden in the materials railroads employ to clean track and other rail yards. It is often difficult to spot them unless the railroad company actively examines for alpha and Gamma radiation. When a railroad worker is diagnosed with cancer or another illness caused by exposure to carcinogenic substances while on their job, they can submit a FELA claim and receive compensation from their former employer.
Studies have shown that railroad workers are more likely to develop different types of cancers than other people. They are constantly exposed to chemicals that can cause lung cancer. This includes asbestos and the mineral sand (silica), welding fumes, or diesel fumes.
A lawyer for railroads should be consulted as quickly as possible by railroad workers who have been diagnosed as having cancer because of exposure during their work. They can help them determine whether they have a claim against the former employer and file the appropriate lawsuits based on FELA. These claims can include the payment of medical expenses, loss of income and suffering and pain. They may also be compensated for the death of a loved one as the event of wrongful death. An experienced railroad attorney can help victims get the maximum amount of compensation they are entitled to under FELA.
FELA
Engineers, conductors, and train crew members work in dangerous environments where they could damage their lungs and not even realize it. Former railroad employees who have developed lung cancer or other conditions which could be caused by their job may apply for compensation under Federal Employers Liability (FELA).
As opposed to workers' compensation FELA allows railroad employees who are injured to file a lawsuit. This includes past and future emotional and medical expenses. A lawyer familiar with rules under FELA will be able to explain your options for filing.
To win a FELA lawsuit, you'll have to prove that your employer acted in a negligent way. Negligence may involve breaking a law or rule and not observing a reasonable standard of care, and many more. A skilled FELA lawyer could review your case to determine whether negligence on the part of the railroad contributed to your condition.
Railroad exposure can cause variety of lung diseases. If you were exposed to asbestos, diesel exhaust, creosote, or other toxins during your work on the railroad and you are a mesothelioma patient, a certified attorney can assist you in obtaining compensation under FELA. The FELA cases handled by Hughes Law Offices in the past have led to a variety of verdicts and settlements.