FELA and Railroad Lawsuits
Railroad workers exposed to harmful chemicals such as diesel exhaust benzene, coal fumes or asbestos are at risk of developing a serious illness, including cancer. A successful FELA claim can be awarded damages to cover medical expenses, income loss suffering and more.
Union Pacific recently awarded $7.5 Million to an employee of the railroad who contracted Leukemia. This is only one example of the justice system standing up for the victims.
Benzene
Railroad workers are often exposed to hazardous substances and chemical solvents, including benzene. It is a highly evaporative liquid that can be absorbed by the skin or inhaled. It is associated with several medical conditions like cancer, blood-related cancers such as Lymphoma and leukemia, as well as bone-marrow diseases. It is also a cancer-causing chemical and is a component of coal tar creosote. It is used to protect railroad tie from heat, sunlight and rain.
A former railway worker claimed that exposure to benzene, while working with coal-tar creosote in order to create railroad ties, led to Myelodysplastic Syndrome. This progressed to Acute Myeloid Leukemia. A jury gave the man $7.5 million in September last year.
If you've been diagnosed with cancer or other chronic illnesses resulting from exposure to asbestos, benzene radioactive substances, benzene and other toxic chemicals are entitled to file a claim for compensation under FELA. Depending on the kind of cancer or illness the statute of limitation could differ, so it is imperative to consult a seasoned lawyer as soon as possible.
Shaw Cowart's railroad lawyers can assist you in determining if your case is a candidate for a FELA lawsuit. We offer free consultations and we are familiar with FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who developed lung cancer or other illnesses due to asbestos exposure. They were often employed in areas like repair shops, engine rooms and yards and on rail cars that had been damaged or track equipment that had asbestos insulation that was degrading. This type of asbestos can be particularly dangerous, because when it deteriorates tiny fibers are released into the air. The fibers are breathed in by railroad workers and could cause mesothelioma, lung cancer, asbestosis and the pleural plaque.
Railroad workers are at risk of developing lung disease from diesel exhaust, silica sand, and welding fumes. These particles and fumes could damage the kidneys, lungs and gastrointestinal tract as well as blood cells. These injuries are often identified several years after the initial exposure and can cause a variety of severe and debilitating medical conditions.
Recent case against Conrail highlights the dangers associated with this kind of work. The Appeals Court upheld a jury award of $2.3 million against Conrail, a railroad company, for an employee of the railroad who died of mesothelioma. The jury awarded damages for his suffering and pain, loss of companionship, future medical costs and other losses. This case highlights the importance of working with an experienced attorney who can quickly determine whether an FELA claim is legitimate.
Radioactive Substances
Railroad workers who have been exposed to radioactive substances are at risk for developing certain types of cancers as well as other serious diseases. The substances are usually hidden in the materials railroads use to clean track and other rail yards. They can be difficult to identify unless a railroad company is actively checking them for alpha and the gamma radiation. If a railway worker is diagnosed with cancer or another illness due to exposure to carcinogenic substances on the job, they can make an FELA claim and receive compensation from their former employer.
Railroad workers are more prone than others to develop cancers. They are constantly exposed to chemicals that can cause lung cancer. This includes asbestos as well as Sand (silica) and welding fumes and diesel.
A railroad lawyer should be consulted as soon as possible by railroad workers who have been diagnosed as having cancer as a result of exposure to radiation on the job. They can assist them in determining whether they have a case against the former employer and make the appropriate lawsuits that are based on FELA. These claims can include compensation for medical expenses loss of income, and discomfort and pain. Additionally, they may compensate for the loss of a loved one as part of a wrongful death case. A skilled railroad attorney can help victims receive the full amount of compensation they are entitled to under FELA.
FELA
Conductors, engineers, and train crew members work in dangerous environments where they can damage their lungs and not even realize it. Former railroad employees who have developed lung cancer or other conditions that could be caused by their job may seek compensation under Federal Employers Liability (FELA).
As opposed to workers' compensation claims, FELA allows injured railroad employees and their families of deceased employees to file lawsuits for damages that include past and future emotional suffering and medical expenses. An attorney who is familiar with FELA rules can inform you your options.
To win a FELA lawsuit, you'll be required to prove that your employer acted negligently in a way. The definition of negligence can include breaking a law or rule and not observing the standard of reasonable care and more. A knowledgeable FELA lawyer will review your case to determine if the railroad's negligence contributed to your illness.
Many different lung diseases and illnesses can be linked to exposures to the railroad. If you were exposed to asbestos, diesel exhaust, creosote or any other toxic substances during your career on the railroad, a reputable mesothelioma lawyer can assist you in obtaining compensation under FELA. railroad workers cancer lawsuit has handled FELA cases in the past and have led to a variety of settlements and verdicts.