A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to substances and chemicals that can cause cancer, such as asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals at work contributed to it, you may be entitled to compensation.
The FELA law allows railroad workers to sue their employers for negligence. Contact a specialist railroad lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
Benzene, a colorless and toxic gas, can cause cancer if exposed to for a long period of time. It is produced naturally in the environment, and also through the combustion of gas and tobacco smoke. Skin can also absorb benzene. A railroad worker who suffered from cancer as a result of exposure to benzene could be eligible to sue their employer for monetary compensation.
In one case, a deceased railroad employee's widow was awarded damages of $1,500,000 from the company that employed him. Her late husband worked as a pump man on various tankers during the 1970s and 1980s and was frequently exposed to benzene. His wife filed a lawsuit for unjustified death against the vessel's owner after he passed away in 1995 from acute myeloid lymphoma.
Acute myeloid Leukemia is an aggressive type of cancer that can cause death in few months if treated immediately. Most commonly, it is treated with chemotherapy. However, in certain cases, targeted therapies and radiation could be utilized.
We have obtained defense verdicts in two cases, where plaintiffs claimed brain injury from exposure to solvents during their 23-year career on the railroad. The defense provided expert testimony on medical causation as well as industrial hygiene and the jury ruled that the work environment of the railroad was relatively safe.
Creosote Exposure
Coal tar creosote is a mixture of hundreds of chemicals used to protect wood, such as railroad ties. It is a mixture of carcinogens that are known, including polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are in the skin and are ingested through drinking water that has been contaminated with the chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Creosote inhalation can trigger a variety of symptoms, including eye irritation, respiratory irritation nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote has a variety of PAH compounds, including naphthalene, acenaphthene as well as fluorene and phenanthrene, all of which are carcinogenic.
Creosote exposure can affect the health of family members and employees and their families, as well. For instance, some employees have developed basal cell tumors papular that are common skin cancers that can spread to other regions of the body. Others have been affected by chronic esophageal ulcers, bronchitis and fibrosis of the liver and lungs.
Often, the railroad industry isn't able communicate effectively with employees about the dangers of long term exposure to toxic substances. lawsuits against union pacific railroad is not unusual for railroad workers to leave diesel locomotives, cranes, or forklifts operating while they work. Diesel exhaust from these engines can be inhaled and ingested. They also dip rags into solvents containing benzene to clean machines and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or other chronic illness resulting from exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for medical expenses and other damages. A New York railroad cancer lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many of the ailments that result from exposure to carcinogenic substances in the workplace such as diesel fumes, asbestos and silica, do not develop until a worker is older. Thus, the statute of limitations in most cases only runs for three years after a person is first diagnosed with the disease. This is why it is essential that potential victims get in touch with an experienced railroad injury lawyer immediately when they are diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an employee of a railroad who was diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA by failing to properly train their employees and provide employees with the correct safety equipment.
The jury awarded the plaintiff damages of $7.5 million after concluding that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals, including benzene creosote and degreasing solvents while working for the company.
FELA
If a former railway worker is diagnosed with cancer caused by exposure to toxic substances while at work and is diagnosed with cancer, they can file a claim under the Federal Employers Liability Act, or FELA. Unlike workers' compensation statutes, which provide victims with medical expenses and some loss of wages, FELA is a fault-based law that requires proof that the railroad employer was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims involving occupational illness. Their defense lawyers often claim that the sick former employee is unable to pinpoint specific instances of exposure to hazardous substances. They also point out the lack of tests conducted by the government that prove the presence of carcinogens and toxic substances in the equipment or parts used by the railway.
A successful FELA claim is paid for future and past physical suffering and pain, loss of enjoyment of life, psychological suffering, and other related damages. If the victim dies as a result of their injuries, a wrongful death claim can be pursued to recover the compensation of the deceased's family members.
We collaborate with FELA attorneys to assist railroad employees injured by injuries receive the financial assistance they need. Contact us today to arrange an appointment for a free case assessment. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver among others.