A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you've been diagnosed with cancer and believe your exposure to these chemicals during your job caused it, you may be entitled to compensation.
The FELA law allows railroad workers to sue their employers for negligence. Contact a specific railroad lawsuit acute myeloid leukemia lawyer for more details.
Benzene Exposure
Benzene, a colorless toxic gas is a cancer-causing gas if exposed to for a long period of time. It is naturally produced in the environment, as well as through gas emissions and tobacco smoke. The skin can also absorb the benzene. A railroad worker who has suffered from cancer as a result of exposure to benzene could be eligible to sue their employer to receive compensation.
In one instance the widow of a railroad employee who died was awarded $1,000,000 by the company that employed her husband. Her late husband was a pumpman on several tankers in the 1970s as well as the 1980s. He was frequently exposed to toxic benzene. After his death from acute myeloidleukemia, in the year 1995 His wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid leukemia is a cancer that is fast-moving and can be fatal within few months if treated immediately. It is typically treated with chemotherapy, but in certain cases radiation and targeted therapy are also possible.
We secured defense verdicts in two cases, in which plaintiffs claimed that they suffered brain damage due to exposure to solvents throughout their 23-year journey on rail. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury ruled that the workplace of the railroad was reasonably safe.
Creosote Exposure
It is a mixture made up of hundreds of chemicals used to preserve wood such as railroad ties. It is a mixture of known carcinogens that include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are taken up through the skin, and are ingested through drinking water that is contaminated by the chemical. PAHs are also absorbed through the lungs, and could cause lung cancer.
Creosote-inhalation exposure can lead to a variety of symptoms, including irritation to the respiratory tract, eye problems and nausea and vomiting. It can cause skin burns that are of the second and third degree. The coal tar creosote contains composed of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds such as Acenaphthene.
Exposure to creosote can affect the health of the workers and their families, as well. For instance, some employees have developed basal cell carcinomas of the papular papule that are common skin cancers that can spread to other parts of the body. Others have suffered from chronic lung disease, esophageal and liver fibrosis and chronic bronchitis.
The railroad industry doesn't always effectively communicate with its employees regarding the dangers associated with exposure to long-term toxic substances. It is not unusual for railroad workers to leave diesel locomotives, cranes, or forklifts on the road while they work. They produce large quantities of diesel exhaust, which can be ingested or inhaled through the lungs. They also dunk rags in solvents that contain benzene to clean machinery and tools.
Worker's Compensation
Railroad workers who contract cancer or suffer from another chronic illness because of exposure to toxic chemicals, such as benzene and Creosote, may be entitled compensation for medical expenses and other losses. A New York railroad cancer attorney can assist workers in pursuing claims for damages in the form of money under the Federal Employers Liability Act, or FELA.
Many health issues resulting from exposure to carcinogenic substances in the workplace like diesel fumes asbestos and silica are not likely to manifest themselves until a worker is older. In the majority of cases, statutes of limitations only last three years after the first diagnosis. It is therefore crucial that potential victims contact an attorney who handles railroad injuries as quickly as possible after being diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway worker who was diagnosed with leukemia following years of exposure to toxic chemicals. csx railroad lawsuit alleged that the company violated FELA by failing to properly train their employees and provide them with the proper safety equipment.
The jury gave the plaintiff $7.5 million in damages, after determining that his cancer was directly linked to his job on the Chicago & North Western Railroad. The man was exposed to a variety of harmful chemicals such as benzene, creosote and degreasing solvents while working for the company.
FELA
When a former railroad worker is diagnosed with cancer resulting from exposure to toxic substances on the job the worker may be able to file a claim under Federal Employers Liability Act, or FELA. In contrast to workers' comp laws that offer victims medical expenses as well as some lost wages, FELA is a fault-based law that requires evidence that the railroad company was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims for occupational diseases. Their defense lawyers typically claim that the sick former employee is unable identify specific instances of exposures that are harmful. They also point to the lack of test results from an official laboratory that show the presence of toxic substances or carcinogens within equipment or parts used by the railway company.
If you win a FELA claim family members of the victim are entitled to compensation for their past and future suffering and pain as well as loss of enjoyment of life, mental distress, and other damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim may be pursued to seek compensation for the deceased's family members.
We collaborate with FELA attorneys to assist railroad employees injured by injuries receive the financial assistance 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 others.