A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you believe that exposure to these chemicals during work has caused cancer, you may be entitled compensation.
The FELA allows railroad workers to sue for negligence. For wasatch railroad contractors lawsuit , talk to an acute myeloid plaintiff in a railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas, can cause cancer when exposed to it for a prolonged period. It is produced naturally in the environment, as well as through gas emissions and smoking tobacco. The human body can also absorb benzene through the skin. Railroad workers who have developed cancer because of exposure to benzene may be able to file a claim against their employer for compensation in the form of money.
In one instance the widow of a railroad worker who passed away was awarded $1,500,000 by the company which employed her husband. Her late husband worked as a pump man on various tankers during the 1970s and 1980s and was often exposed to benzene. His wife filed a lawsuit for wrongful death against the vessel's owner after he died in 1995 of acute myeloid lymphoma.
Acute myeloid cancer is a type of cancer which spreads rapidly and can be fatal within a few months of diagnosis if it's not treated. It is usually treated with chemotherapy. However, in some instances, targeted therapy and radiation might be employed.
We secured defense verdicts in two cases, in which plaintiffs claimed brain injury from solvent-induced exposure over their 23-year journey on rail. The defense provided expert testimony on medical causation and industrial hygiene and the jury concluded that the work environment of the railroad was reasonably safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals that are used to preserve wood, like railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). The PAHs present in creosote are absorbed through the surface of the skin or ingested through drinking water that is infected with this chemical. PAHs can be absorbed into lungs where they may cause lung cancer.
Creosote inhalation can cause a range of symptoms like respiratory irritation, eye problems as well as nausea and vomiting. It can cause skin burns that are of the second and third degrees. The coal tar creosote compound is composed of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds, such as Acenaphthene.
Creosote exposure could affect the health of family members and employees and their families, as well. For instance, certain workers have developed papular basal cell carcinomas that are common skin cancers that can spread to other areas of the body. Others have suffered from chronic lung disease, esophageal and liver fibrosis, and chronic bronchitis.
The railroad industry often fails to communicate adequately with employees about the dangers of a long-term exposure to toxic substances. It is not unusual for railroad workers to leave cranes, diesel locomotives or forklifts in operation while working. They produce large quantities of exhaust from diesel engines, which can be inhaled and ingested through the lungs. They also soak rags in solvents that contain benzene to clean tools and machinery.
Worker's Compensation
Railroad workers who develop cancer or suffer from another chronic illness because of exposure to toxic chemicals like benzene and Creosote, may be entitled compensation for their medical costs and other losses. A New York railroad cancer lawyer can help claimants pursue claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many illnesses that result from exposure to carcinogenic substances at work like asbestos and diesel fumes, are not apparent until a worker reaches an older age. In most cases, the statute of limitations is only three years following a person's first diagnosis. This is why it is important that anyone who is a potential victim contact an experienced railroad injury lawyer immediately when they are diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway employee who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff claimed the company violated FELA for failing to provide their employees with the proper safety equipment and education.
The jury gave the plaintiff $7.5 million in damages, after determining that the cause of his cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals, including creosote, benzene and degreasing agents.
FELA
Former railroad workers who are diagnosed with cancer because of exposure to toxic substances at work might be able to file a claim for compensation under the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes, which provide victims with medical expenses and a portion of lost wages, FELA is a fault-based statute that requires evidence that the railroad's employer was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims involving occupational illnesses. Defense attorneys often claim that the former employee is unable to pinpoint specific instances of unhealthy conditions. They also highlight the absence of tests conducted by the government that prove the presence of carcinogens, or toxic substances in the equipment or parts that are used by the railway.
If you win a FELA claim family members of the victim can be compensated for their past and future pain and suffering and loss of enjoyment life, mental stress, and other damages. If the victim dies as a result then the family can pursue wrongful-death claims to receive the compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to help injured railroad workers receive the financial support they need. Contact us to schedule an evaluation of your case for free. We represent railroad workers across the United States, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.