FELA and Railroad Lawsuits
Railroad workers who are exposed to harmful chemicals such as diesel exhaust fumes, coal vapors, benzene or asbestos are at risk of developing serious illness including cancer. A successful FELA claim could be awarded damages to cover medical expenses, loss of income suffering and more.
Union Pacific recently awarded $7.5 Million to a railroad worker who developed Leukemia. This is only one illustration of how the justice system is standing up for the injured.
Benzene
Railroad workers are often exposed to chemical solvents, as well as other hazardous substances, like benzene. It is a highly evaporative liquid, can be absorbed by the skin or inhaled. It is associated with several medical conditions like cancer blood-related cancers like leukemia and Lymphoma, and bone-marrow disease. It is also a substance that causes cancer and a component in coal tar creosote. It is used to shield railroad tie from sunlight, heat and rain.
One former rail worker claimed that his exposure to benzene from working with coal tar creosote on railroad ties resulted in Myelodysplastic Syndrome (MDS), which progressed into Acute Myeloid Leukemia. A jury handed him $7.5 million last September.
If you have been diagnosed with cancer or other chronic diseases because of exposure to benzene asbestos radioactive substances and other harmful chemicals, are entitled to claim compensation under FELA. Based on the type of cancer or illness, the statute of limitations could differ, so it is imperative to speak with an experienced lawyer as soon as is possible.
Shaw Cowart's railroad lawyers can assist you in determining if your case is a candidate for an FELA lawsuit. We provide free consultations and are conversant with FELA railway workplaces, FELA and the hazardous cancer-causing substances that railroad employees are exposed to every day.
Asbestos
Our lawyers have represented railroad workers who developed lung cancer or other illnesses due to asbestos exposure. They worked in places like repair shops, engine room and yards, or on track equipment or rail cars with asbestos insulation. This type of asbestos can be particularly dangerous, because when it is degraded, tiny fibers are released in the air. These fibers could be inhaled by workers on railroads and cause mesothelioma as well as other asbestos-related health issues such as lung cancer asbestosis, pleural plaque and fibrosis.
Railroad workers are at risk of developing lung disease from diesel exhaust, silica sand and welding fumes. These fumes can cause damage to the kidneys, lungs and gastrointestinal tract. These injuries can be identified several years after exposure and can cause a variety serious and debilitating conditions.
A recent case against Conrail highlights the dangers associated with this kind of work. The Appeals Court upheld a jury award of $2.3 million to Conrail for a former railway employee who died from mesothelioma. A jury awarded damages to compensate for the pain and suffering, companionship loss, future medical expenses, and other losses. This case emphasizes the importance of working closely with an experienced lawyer who will quickly determine if an FELA claims is warranted.
Radioactive Substances
People who are exposed to radioactive substances could develop cancer or other serious diseases. These substances are often hidden in the materials that railroads employ to clean tracks and other rail yards. They can be difficult to identify unless a railroad company is testing them for alpha and Gamma radiation. If a railroad employee develops cancer or suffers from another illness triggered by exposure to carcinogenic substances on the job, he may file an FELA and receive compensation from the former employer.
Research has proven that railroad workers are much more likely to develop various cancers than other people. They are continuously exposed to chemicals that can cause lung cancer. csx lawsuit are exposed to asbestos, sand (silica) welding fumes and diesel.
Railroad employees who have been diagnosed with cancer as a result of exposure on the job should speak to an attorney from the railroad as soon as is possible. They can help them determine whether they have a case against the former employer and initiate the appropriate lawsuits based on FELA. These claims can include reimbursement for medical expenses, income loss, and discomfort and pain. They may also seek compensation for the loss of a loved one through the case of wrongful death. An experienced railroad attorney can help victims get the full amount of damages that they are entitled to, under FELA.
FELA
Conductors, engineers and train crew members work in dangerous situations where they may damage their lungs without realizing it. Former railroad workers who develop lung cancer or other ailments which could be caused by their job can apply for compensation under Federal Employers Liability (FELA).
Contrary to claims for workers' compensation, FELA allows injured railroad employees and their families of deceased employees to seek damages for past and future emotional and medical costs. An attorney who is familiar with FELA regulations could explain to you the options.
To be successful in a FELA claim you must prove that your employer was negligent. The definition of negligence can include breaking a law or rule or not meeting an acceptable standard of care and more. A FELA lawyer will review your case and determine if railroad negligence contributed to your condition.
Railroad exposure can cause variety of lung illnesses. If you were exposed to asbestos, diesel exhaust, creosote, or other toxins during your career on the railroad and you are a mesothelioma patient, a certified attorney will assist you in claiming compensation under FELA. The FELA cases handled by Hughes Law Offices in the past have resulted in a variety of verdicts and settlements.