FELA and Railroad Lawsuits
People exposed to toxic chemicals such as diesel exhaust, coal fumes or asbestos could develop serious illnesses, including cancer. A successful FELA claim can award damages that cover medical expenses, income loss discomfort and more.
A railroad worker who contracted leukemia recently received $7.5 million from Union Pacific. 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 materials, including benzene. railroad lawsuit settlements , a highly-evaporative liquid is absorbed through the skin or inhaled. It has been linked with several medical conditions like cancer and blood-related cancers like Lymphoma and Leukemia, and bone-marrow diseases. It is also a cancer-causing agent and an ingredient in coal tar creosote. It is used to shield railroad tieways from heat, sunlight snow, rain, and sunlight.
A former railroad worker claimed that exposure to benzene, while working with coal-tar creosote in order to create railroad ties, contributed to Myelodysplastic Syndrome. This progressed to Acute Myeloid leukemia. A jury awarded the man $7.5 million in September last year.
Those who have been diagnosed as having cancer or other chronic illnesses because of their exposure to radioactive substances benzene asbestos as well as other hazardous chemicals, have the right to claim compensation under FELA. Based on the type of cancer or illness the time limit for filing a claim could differ, so it is essential to speak with a skilled lawyer as soon as you can.
Shaw Cowart's railroad lawyers will help you determine if your case is a candidate for a FELA lawsuit. We provide free consultations, and we are well-versed in FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who developed lung cancer and other illnesses caused by asbestos exposure. They were often employed in areas such as repair shops, engine rooms, and yards or on rail cars with derailments or on track equipment that contained asbestos insulation that was deteriorating. This type of asbestos is particularly hazardous since, when it begins to degrade, tiny fibers are released into the air. These fibers are inhaled by railroad workers and could cause mesothelioma, lung cancer, asbestosis and the pleural plaque.
In addition to asbestos, railroad workers are also at high risk for developing lung diseases from diesel exhaust as well as exposure to other workplace toxics such as solvents, welding fumes and silica sand. These particles and fumes could damage the kidneys, lungs and gastrointestinal tract, as well as blood cells. These injuries are often identified many years after an employee's initial exposure and can lead to many serious and debilitating medical issues.
A recent case involving Conrail exposes the dangers associated with this kind of work. The Appeals Court upheld a jury award of $2.3 million to Conrail, a railroad company, for an ex-railway employee who died of mesothelioma. The jury awarded damages for pain and suffering, loss of companionship, future medical costs and other expenses. This case emphasizes the importance of working closely with an experienced attorney that can quickly assess whether a FELA claims is warranted.
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 ailments. They are often concealed in the materials railroads use to clean tracks and other rail yards. They are often difficult to identify unless the railroad company is testing them for alpha and gamma radiation. If a railway worker is diagnosed with cancer or another disease that is the result of exposure to carcinogenic chemicals on their job, they can file an FELA claim and receive compensation from their former employer.
Railroad workers are more prone than others to develop cancer. They are constantly exposed chemicals that can cause lung cancer. These include asbestos as well as sand (silica) and welding fumes and diesel.
Railroad employees who have been diagnosed with cancer as the result of exposure to radiation on the job should speak to an attorney for railroads as soon as they can. They can help them determine whether they have a right to claim against their former employers and file the appropriate lawsuits under FELA. These claims can be based on compensation for medical expenses, loss of income and suffering and pain. In addition, they can compensate for the loss of a loved one in a wrongful death claim. An experienced railroad lawyer can help victims receive the maximum amount of the damages they are entitled to under FELA.
FELA
Engineers, conductors, and train crew members work in dangerous environments that can cause damage to their lungs, without even realizing it. If a former railroad worker has been diagnosed with an illness such as lung cancer or another condition that could have been related to their job it is possible to claim compensation under the Federal Employers Liability Act (FELA).
Unlike workers' compensation, FELA permits railroad employees who have been injured to file a lawsuit. This includes future and past emotional and medical expenses. An attorney who is familiar with the rules under FELA could provide you with options to file.
In order to be successful in a FELA claim you must show that your employer was negligent. Negligence may involve breaking a rule or law and not observing the reasonable standards of care, and so on. A competent FELA lawyer can evaluate your case to determine whether negligence on the part of the railroad was a factor in the triggering of your illness.
Many different lung diseases and illnesses could be attributed to exposures to railroads. If you were exposed to asbestos, diesel exhaust, creosote or any other toxic substances during your time working on the railway, a reputable mesothelioma lawyer can help you file for compensation under FELA. Hughes Law Offices has handled FELA cases in the past, and have resulted a variety of settlements and verdicts.