A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you believe that exposure to these chemicals during work caused your cancer, you could be entitled compensation.
The FELA law allows railroad employees to sue their employers for negligence. Contact a dedicated railroad lawsuit acute myeloidleukemia lawyer for more details.
Benzene Exposure
The colorless, toxic gas that can cause cancer to people who are exposed over long durations. It is produced naturally in the environment, and also through gas emissions and tobacco smoke. The skin also absorbs the benzene. A railway worker who has developed cancer because of exposure to benzene could be eligible to file a claim against their employer for compensation.
In one case the widow of a railroad employee who died was awarded $1,500,000 by the company that employed her husband. Her husband, who died in 1995, worked as an engineer on various tankers during the 1970s and 1980s, and was exposed to benzene. His wife filed a claim for wrongful death against the vessel owner after he died in 1995 from acute myeloid lymphoma.
Acute myeloidleukemia is a fast-moving cancer that can be fatal within few months if treated promptly. Most commonly, it is treated with chemotherapy. However, in some cases, targeted therapies and radiation might be employed.
We secured defense verdicts in two cases, in which plaintiffs claimed that they suffered brain damage due to solvent-induced exposure over their 23-year career on the railroad. The defense presented expert testimony from a medical expert on causality, industrial hygiene and the jury found that the workplace of the railroad was fairly safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals that are used to protect wood, such as railroad ties. It contains a number of carcinogens which are well-known that include polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote can be absorption through the surface of the skin, or ingested by drinking water that is contaminated with this chemical. PAHs can also be absorbed into the lungs where they can cause lung cancer.
Creosote can trigger various symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns of the second and third degrees. Coal tar creosote contains numerous PAH compounds which include acenaphthene, naphthalene as well as fluorene and phenanthrene and fluorene, all of which are carcinogenic.
Creosote exposure can impact the health of the workers and their families, as well. Some workers have developed papular base carcinomas (common occupational skin cancers) that can be spread to other parts of the body. Others have suffered from chronic lung disease, esophageal and liver fibrosis and chronic bronchitis.
The railroad industry doesn't always effectively inform its employees about the dangers that come with exposure to long-term toxic substances. It is not unusual for railroad employees to leave cranes, diesel locomotives, or forklifts operating while they work. Diesel exhaust from these engines could be inhaled and ingested. They also dunk rags in solvents that contain benzene for cleaning machines and tools.
Workers' Compensation
Railroad workers who contract cancer or other chronic diseases due to exposure toxic chemicals like benzene and Creosote, may be entitled compensation for their medical costs and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) for financial damages.
Many illnesses related to exposure to carcinogenic substances at work like diesel fumes and asbestos, don't manifest until a person reaches a certain age. Thus, the statute of limitations generally only lasts for three years from when an individual is first diagnosed with the illness. Therefore, it is essential that potential victims contact an attorney who handles railroad injuries promptly after being diagnosed.
In a recent case, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an ex-railway employee who was diagnosed with leukemia after a long period of exposure toxic chemicals. The plaintiff claimed that the firm violated FELA in failing to provide their employees with the required safety equipment and education.
The jury awarded the plaintiff $7.5 million in damages, after determining that the cause of his cancer was directly connected to his job on the Chicago & North Western Railroad. The man was exposed toxic chemicals like benzene creosote and degreasing solvents while working for the company.
FELA
If a former railway worker is diagnosed with cancer resulting from exposure to toxic substances at work, they may be able to file a claim under Federal Employers Liability Act, or FELA. In contrast to the workers' compensation laws which provide medical expenses and loss of wages to the victim, FELA is a statute based on fault that requires evidence of the railroad company not taking steps to protect its employees from the dangers posed by chemical exposures.
Railroad companies frequently fight FELA lawsuits that involve occupational diseases. Defense attorneys often claim that the former employee is unable to pinpoint particular instances of ailment. They also point out the lack of official test results that indicate the presence of toxic substances or carcinogens found in equipment or parts manufactured and used by the railway company.
In a successful FELA claim, the victim's family members are entitled to compensation for their past and future suffering as well as loss of enjoyment of life, mental distress and other damages. If blacklands railroad lawsuit dies due to their injuries or other causes, a wrongful-death claim may be pursued to collect compensation for the deceased person's family members.
We collaborate with FELA attorneys to help injured railroad employees obtain the financial assistance they need. Contact us for a free consultation. We represent railroad workers across the United States, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.