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’ve 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 allows railroad workers to sue for negligence. Contact a dedicated blacklands railroad lawsuit (My Source) lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
Benzene, a colorless and toxic gas is a cancer-causing gas when exposed to it for a long time. It is naturally produced in the environment, and also by gas emissions and smoking tobacco. The skin can also absorb benzene. A railroad worker who has developed cancer due to exposure to benzene may be eligible for compensation in the form of monetary payments from their employer.
In one instance, the widow of a railroad worker who died was awarded $1,500,000 by the company that employed her husband. Her late husband was a pumpman for various tankers during the 1970s and 1980s. He was frequently exposed to benzene, a toxic chemical. His wife filed a suit for unjustified death against the vessel’s owner after he passed away in 1995 from acute myeloid lymphoma.
Acute myeloid tumor is a cancer which spreads rapidly and can be fatal within several months after diagnosis if not treated. It is usually treated by chemotherapy. However, in some cases, targeted therapy or radiation may be used.
We obtained defense verdicts for an industry class 1 railroad in two cases where plaintiffs claimed injury to their brains caused by solvent exposure during their 23-year career on the railroads. The defense presented expert witness testimony on medical causation, industrial hygiene, and the jury concluded that the railway workplace was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals used to protect wood, like railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote can be taken up through the surface of the skin or inhaled by drinking water that has been infected with this chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Creosote can trigger a variety symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause skin burns of the third and second degrees. Coal tar creosote consists of a number of PAH compounds such as naphthalene and acenaphthene, fluorene, and phenanthrene, all of which are carcinogenic.
Creosote exposure can affect the health of family members and employees as well. Some workers have developed papular base cell carcinomas (common occupational skin cancers) that can expand to different areas of the body. Other workers have suffered from chronic lung disease the liver fibrosis, esophageal, and esophage 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 is not uncommon for railroad workers to leave diesel-powered forklifts, locomotives and cranes running during their work. The engines generate a lot of diesel exhaust, which can be ingested or inhaled through the lung. They also soak rags in benzene that contains solvents to clean machinery and tools.
Workers’ Compensation
Railroad workers who contract cancer or develop another chronic disease because of exposure to toxic chemicals, such as benzene and Creosote, could be entitled to compensation for their medical costs and other expenses. A New York railroad cancer attorney can assist workers in pursuing claims for damages monetary under the Federal Employers Liability Act, Blacklands railroad Lawsuit or FELA.
Many diseases resulting from exposure to carcinogenic substances at work, such as asbestos and diesel fumes, are not apparent until a person reaches a certain age. Therefore the statute of limitations generally only lasts for three years from the time a person is first diagnosed with the illness. This is why it is essential that potential victims get in touch with an experienced railroad injury lawyer as soon 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 employee of a railroad who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff alleged that the company had violated FELA by failing to train their employees and provide them with the appropriate safety equipment.
The jury gave the plaintiff damages of $7.5 million after finding that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to various toxic chemicals like benzene creosote and degreasing solvents while working for the company.
FELA
Former railroad workers who are diagnosed with cancer resulting from exposure to toxic substances at work might be in a position to file a claim for compensation under the Federal Employers Liability Act (FELA). Unlike workers’ comp statutes that provide medical expenses and lost wages to the victims, FELA is a statute based on fault and requires proof that the railroad employer is failing to protect their workers from the dangers that come with exposure to chemicals.
Railroad companies frequently fight FELA lawsuits that involve occupational diseases. Defense attorneys often argue that the former employee isn’t able to identify particular instances of ailment. They also point out the lack of official tests that show the presence of carcinogens or chemicals in the parts or equipment employed 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 damages. If the victim is killed due to the incident or a result of the accident, the family is able to file a wrongful-death claim to receive the compensation.
At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to help injured railroad workers obtain the financial help they require. Contact us to schedule an evaluation of your case for free. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.