A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers are often exposed to prolonged exposure to carcinogenic chemicals and substances like creosote, benzene, and asbestos. If you think that exposure to these chemicals during work led to your cancer, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more information, contact an acute myeloid lawsuit railroad lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas, can cause cancer when exposed to it for a long time. It is created in the environment, as well as by the emission of gas and tobacco smoke. The skin is also able to absorb the benzene. A railroad worker who has developed cancer because of exposure to benzene could be eligible to sue their employer for compensation in the form of money.
In one instance the deceased railroad employee's widow was awarded $1,500,000 in damages from the company that employed him. Her husband, who died in 1995, was a pumpman for various tankers in the 1970s and 80s. He was regularly exposed to toxic benzene. His wife filed a suit for wrongful death against the vessel owner after he passed away in 1995 from acute myeloid lymphoma.
Acute myeloid tumor is a cancer that is rapidly spreading and can be fatal within several months after diagnosis if it isn't treated. The majority of patients are treated with chemotherapy, however in some instances radiation and targeted therapy are also possible.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed to have suffered injury to their brains due to solvent-induced exposure over their 23-year tenure on the railways. The defense provided expert witness testimony on medical causation, industrial hygiene, and the jury ruled that the workplace of the railroad was fairly safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals used to preserve wood, such as railroad ties. It contains a number of known carcinogens such as polycyclic aromatic hydrocarbons (PAHs). Creosote's PAHs are in the skin and can be inhaled through drinking water that is contaminated by the chemical. railroad lawsuits can be absorbed into lungs where they can cause lung cancer.
Inhalation of creosote may cause several symptoms, such as eye irritation, respiratory irritation and nausea and vomiting. It can cause skin burns in the third and second degrees. The coal tar creosote chemical is a mixture of PAH compounds including naphthalene and other carcinogenic compounds like acenaphthene.
Creosote exposure could affect the health of the workers and their families as well. Certain workers have developed papular base cell carcinomas (common occupational skin cancers) that can spread to different parts of the body. Other workers have suffered from chronic lung disease, esophageal and liver fibrosis and chronic bronchitis.
The railroad industry does not always communicate effectively with its employees about the dangers associated with long-term exposure to toxic substances. For instance, it's not uncommon for railroad employees to leave diesel-powered locomotives, forklifts and cranes running during their work. They produce large quantities of exhaust fumes, which can be ingested or inhaled through the lung. They also soak rags in benzene-based solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or a chronic illness because of exposure to toxic chemicals like benzene and creosote may be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) for damages in the form of money.
Many ailments related to occupational exposure to carcinogenic chemicals like diesel fumes, asbestos and silica don't develop until a worker is older. In the majority of cases, statute of limitations is only three years after a person's first diagnosis. It is therefore crucial that victims get in touch with an attorney for railroad accidents as quickly as possible after being 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 had been diagnosed with leukemia as a result of years of exposure toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to train their employees and provide employees with the correct safety equipment.
The jury awarded the plaintiff $7.5 million in damages following the conclusion that the cause of his cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed to a variety of toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
FELA
If a former railway worker is diagnosed with cancer caused by toxic exposures at work, they may be able to file a claim under Federal Employers Liability Act, or FELA. Contrary to workers' compensation statutes, which provide victims with medical expenses and some lost wages, FELA is a fault-based statute that requires evidence that the railroad company was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies typically fight FELA lawsuits involving occupational diseases. Their defense lawyers often argue that the sick former employee is unable to pinpoint specific instances of exposure to harmful substances. They also point to the absence of official test results showing the presence of toxins or carcinogens in the equipment or parts used by the railway company.
If you win a FELA claim, the victim's family members may be compensated for past and future suffering as well as the loss of enjoyment from life, mental stress, and other damages. If the victim dies due to the incident of the incident, the family may bring a wrongful-death lawsuit to seek the compensation.
We partner with FELA attorneys to help injured railroad employees receive the financial aid they require. Contact us today for a no-cost consultation. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver, among other cities.