FELA and Railroad Lawsuits
Railroad workers who are exposed to toxic chemicals, such as diesel exhaust fumes, coal vapors, benzene or asbestos are at risk of developing serious illness including cancer. A successful FELA case can award damages to pay medical expenses, loss of income, pain and suffering.
Union Pacific recently awarded $7.5 Million to one of their railroad workers who developed Leukemia. This is just one instance of the justice system standing up for victims.
Benzene
Railroad workers often work with chemical solvents and other hazardous substances, such as benzene. It is a highly evaporative liquid that is absorbed through the skin or inhaled. It is linked to a number medical conditions including cancer blood-related cancers, such as leukemia and Lymphoma, and bone-marrow disease. It is also a cancer-causing chemical and a constituent in coal tar creosote that is used to shield railroad tie from sunlight, heat and rain.
A former railroad worker claimed exposure to benzene when working with coal tar creosote railroad ties led to Myelodysplastic Syndrome (MDS), which progressed into Acute Myeloid Leukemia. A jury gave him $7.5 million in September.
Those who have been diagnosed with cancer or other chronic illnesses resulting from daily exposure to asbestos, benzene radioactive substances, benzene and other dangerous chemicals are able to make a claim for compensation under FELA. The time period for filing claims can vary based on the type and degree of cancer or illness. It is essential to seek out an experienced lawyer whenever you can.
Shaw Cowart's railroad attorneys can assist you in determining whether your case is eligible for a FELA lawsuit. We offer no-cost consultations, and we are knowledgeable about FELA and railroad workplaces.
Asbestos
Our lawyers have represented railroad workers who were diagnosed with lung cancer and other illnesses caused by asbestos exposure. They were often employed in areas such as repair shops, engine rooms, and yards, on derailed rail cars or on track equipment that had deteriorating asbestos insulation. This type of asbestos could be extremely dangerous, as when it is degraded, tiny fibers are released into the air. These fibers are inhaled by railroad workers and can cause mesothelioma as well as other asbestos-related illnesses including lung cancer, asbestosis as well as pleural plaques and fibrosis.
In addition to asbestos railroad workers are at high risk for developing lung disease due to diesel exhaust and exposure to other workplace toxins, such as solvents, welding fumes and silica sand. These fumes and particles can harm the kidneys, lungs, gastrointestinal tract and blood cells. These injuries are often identified years after a worker's initial exposure and can cause a variety of serious and debilitating medical conditions.
A recent case against Conrail exposes the risks associated with this type of work. The Appeals Court upheld a jury award of $2.3 million against Conrail for an ex-railway employee who died of mesothelioma. A jury awarded damages for his suffering and pain, as well as loss of companionship, future medical expenses and other losses. This case highlights the importance of working with an experienced lawyer who can quickly assess whether an FELA claim is justified.
Radioactive Substances
Railroad workers who are exposed to radioactive substances are at risk for developing certain types of cancers and other serious ailments. These substances are often concealed in the materials railroads employ to clean tracks and other rail yards. They can be difficult to spot unless the railroad company is testing them for alpha and gamma radiation. If a railroad employee is diagnosed with cancer or a different illness due to exposure to carcinogenic chemicals on the job, they are able to make an FELA claim and receive compensation from their former employer.
blacklands railroad lawsuit has proven that railroad workers are more likely to develop various cancers than other people. This is due to being constantly exposed to toxins that can cause lung cancer, like asbestos, Sand dust (silica) as well as welding fumes, diesel fumes and creosote.
Railroad employees who have been diagnosed with cancer as the consequence of exposure to the workplace should consult a lawyer for railroads as quickly as they can. They can help them determine whether they have a claim against their former employers and submit the appropriate lawsuits under FELA. These claims may include compensation for medical expenses, loss of income, as well as pain and discomfort. In addition, they could pay for the loss of a loved one's life in an wrongful-death claim. A railroad attorney with experience can help victims get the maximum amount of damages that they are entitled to under FELA.
FELA
Railroad workers like engineers, conductors, and train crew members often work in hazardous environments which can cause lung damage without realizing it. If a former railroad worker has been diagnosed with an illness such as lung cancer or another illness that could have been related to their work it is possible to claim compensation under the Federal Employers Liability Act (FELA).
Contrary to workers' compensation FELA allows railroad employees who have been injured to file a lawsuit. This includes future and past medical costs and emotional suffering. An attorney knowledgeable of FELA regulations can explain to you the options available to.
In order to be successful in a FELA claim you must prove that your employer was negligent. It could be a matter of breaking a law or rule and not observing the standard of reasonable care, and many more. A knowledgeable FELA lawyer can review your case to determine whether negligence on the part of the railroad caused your condition.
Many different lung diseases and illnesses can be linked to exposures to the railroad. If you were exposed during your career as a railroad worker to diesel exhaust or other toxins such as creosote and asbestos or creosote, a mesothelioma lawyer can help you file claims for compensation under the FELA. Hughes Law Offices has handled FELA cases in the past, and have led to a variety of settlements and verdicts.