A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals while working caused it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact union pacific railroad lawsuits for more details.
Benzene Exposure
Benzene, a colorless toxic gas is a cancer-causing gas if exposed to for long periods of time. It is created in the environment, as well as from the combustion of gas and tobacco smoke. The skin can also absorb the benzene. A railroad worker who developed cancer because of exposure to benzene might be eligible to sue their employer for compensation.
In one case, the widow of a railroad employee who died was awarded $1,500,000 by the company which employed her husband. The late husband worked as pumpman on a variety of tankers during the 1970s and 1980s, and was often exposed to benzene. After his death from acute myeloid leukemia in the year 1995, his wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid leukemia can be a fast-moving cancer that can be fatal in just one or two months if treated immediately. The majority of cases, it is treated by chemotherapy. However, in certain instances, targeted therapy and radiation could be utilized.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed that they suffered injuries to their brains caused by solvent exposure during their 23-year career on the railroads. The defense presented expert testimony from a medical expert on causation, industrial hygiene and the jury concluded that the work environment of the railroad was reasonably safe.
Creosote Exposure
It is a mix consisting of hundreds of chemicals that are used to preserve wood such as railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote are absorbed through the surface of the skin, or ingested by drinking water that has been affected by this chemical. PAHs are also absorbed through the lungs, where they could cause lung cancer.
Creosote inhalation may trigger many symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause third and second degree burns to the skin. Coal tar creosote contains numerous PAH compounds such as naphthalene and acenaphthene fluorene, phenanthrene, and fluorene and fluorene, all of which are carcinogenic.
Creosote exposure could affect the health of employees and their families. For instance, certain workers have developed basal cell carcinomas of the papular papule which are common skin cancers that may spread to other parts of the body. Others have suffered from chronic lung disease, esophageal and liver fibrosis and chronic bronchitis.
In many cases, the railroad industry isn't able to adequately inform employees about the dangers of long-term exposure to toxic substances. For instance, it's not uncommon for railroad employees to leave diesel-powered forklifts, locomotives and cranes running during their work. Diesel exhaust from these engines could be inhaled and consumed. They also soak rags with benzene solvents to clean machines and tools.
Workers' Compensation
Railroad workers who are diagnosed with cancer or another chronic illness resulting from exposure to toxic chemicals like creosote and benzene could be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) for monetary damages.
Many health issues resulting from exposure to carcinogenic substances in the workplace such as diesel fumes, asbestos and silica do not show up until a person is older. Therefore the statute of limitations generally only lasts for three years from the point an individual is first diagnosed with the disease. This is why it is vital that potential victims get in touch with an experienced attorney for railroad accidents within the first few days after being 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 after a long period of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA by failing to properly train their employees and equip employees with the correct safety equipment.
The jury gave the plaintiff damages of $7.5 million after finding that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals such as creosote, benzene and degreasing agents.
FELA
Former railroad workers who are diagnosed with cancer because of exposure to toxic substances at work could be eligible to file a claim for compensation under the Federal Employers Liability Act (FELA). Contrary to workers' compensation statutes, which provide victims with medical expenses and a portion of lost 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 are often involved in fighting FELA claims for occupational diseases. Defense attorneys typically argue that the former employee isn't able to pinpoint specific instances of health problems. They also highlight the absence of official tests indicating the presence or carcinogens or toxins in equipment or parts that are used by the railway.
In the event of a successful FELA claim family members of the victim may be compensated for past and future suffering and pain as well as loss of enjoyment of life, mental distress and other damages. If the victim dies in the process then the family can file a wrongful-death claim to seek the compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers get the financial support they need. Contact us to schedule an evaluation of your case for free. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver among others.