FELA and Railroad Lawsuits
People exposed to toxic chemicals, such as coal fumes, diesel exhaust or asbestos can develop serious illnesses including cancer. A successful FELA claim can be awarded damages to cover medical expenses, loss of income and pain and suffering.
A railroad worker who contracted leukemia has been awarded $7.5 million from Union Pacific. This is just one example of how the justice system stands up for the victims.
Benzene
Railroad workers are frequently exposed to dangerous substances and chemical solvents, including benzene. It is a highly evaporated liquid that can be absorbed by the skin or inhaled. It has been linked to a number medical conditions including cancer and blood-related cancers like leukemia and Lymphoma, and bone-marrow diseases. It is also a substance that causes cancer and a component in coal tar creosote that is used to protect railroad tie from sunlight, heat and rain.
A former railroad worker claimed his exposure to benzene from working with coal tar creosote on railroad ties led to Myelodysplastic Syndrome (MDS), that progressed to Acute Myeloid Leukemia. A jury gave him $7.5 million in September.
If you have been diagnosed as having cancer or other chronic illnesses due to exposure to radioactive substances benzene asbestos as well as other hazardous chemicals, have the right to claim compensation under FELA. Depending on the type of cancer or illness, the statute of limitations will vary, therefore it is essential to consult with a knowledgeable lawyer as quickly as you can.
Shaw Cowart's railroad attorneys can assist you in determining if your case is suitable for a FELA lawsuit. We offer no-cost consultations and are familiar with FELA railway workplaces, FELA and the harmful cancer-causing chemicals that railroad employees face every day.
Asbestos
Our attorneys have represented railroad workers who developed lung cancer and other health conditions caused by asbestos exposure. They were often employed in areas like repair shops, engine rooms, and yards and on rail cars that had been damaged or track equipment that had asbestos insulation that was deteriorating. This type of asbestos can be particularly dangerous, because when it is degraded, tiny fibers are released into the air. The fibers are breathed in by workers on railroads and can cause mesothelioma, lung cancer, asbestosis, and pleural plaque.
Railroad workers are at the risk of developing lung disease due to diesel exhaust, silica sand, and welding fumes. These particles and fumes could cause damage to the kidneys, lungs and gastrointestinal tract as well as blood cells. These injuries can be identified years after the first exposure and can result in various serious and debilitating conditions.
A recent case involving Conrail exposes the dangers of this kind of work. The Appeals Court upheld a jury award of $2.3 million against the railroad company in respect of an ex-railway worker who died from mesothelioma. The jury awarded damages to compensate for suffering and pain and companionship loss, as well as future medical expenses and other losses. The case underscores the importance of working with a seasoned attorney who can quickly evaluate whether a FELA claim is warranted.
Radioactive Substances
Railroad workers exposed to radioactive substances are at risk of developing certain types of cancers and other serious illnesses. These substances are typically hidden in the materials that railroads use to clean track and other rail yards. They can be difficult to identify unless a railroad company is actively screening them for alpha and Gamma radiation. If a railway worker is diagnosed with cancer or a different illness due to exposure to carcinogenic substances while on the job, they are able to make a FELA claim and receive compensation from their former employer.
Railroad workers are more prone than others to develop cancer. They are continuously exposed to chemicals that can cause lung cancer. This includes asbestos or the mineral sand (silica) and diesel fumes or welding fumes.
Railroad employees who have been diagnosed with cancer as the result of on-the-job exposure should speak to an attorney for railroads as soon as is possible. They can help them determine if there is a claim against the former employer and pursue the appropriate lawsuits, based on FELA. These claims can be based on compensation for medical costs as well as loss of income and pain and suffering. They can also compensate for the death of a loved one as a wrongful-death claim. A railroad attorney with experience will assist victims to receive the full amount of damages that they are entitled to under FELA.
FELA
Railroad workers, such as engineers, conductors, and members of train crews often work in hazardous environments that can damage lungs without even realizing it. Former railroad employees who have developed lung cancer or any other condition that may have been caused by their job can claim compensation under Federal Employers Liability (FELA).
Contrary to workers' compensation FELA permits railroad employees who have been injured to file a lawsuit. This includes past and future medical costs and emotional suffering. union pacific railroad lawsuit with FELA regulations can tell you your options.
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 standard of reasonable care, and so on. A FELA lawyer can review your case and determine whether railroad negligence contributed to your condition.
Railroad exposure can trigger a variety of lung illnesses. If you were exposed during your career as a railroad worker to diesel exhaust or other toxins, such as creosote or asbestos creosote, a mesothelioma lawyer could assist you in filing an application for compensation under the FELA. Hughes Law Offices has handled FELA cases in the past, and they have led to a variety of settlements and verdicts.