FELA and Railroad Lawsuits
Railroad workers exposed to toxic chemicals like coal fumes diesel exhaust benzene or asbestos are at risk of developing a serious illness including cancer. A successful FELA claim can award damages to cover medical expenses, income loss as well as suffering and pain.
Union Pacific recently awarded $7.5 Million to an employee of the railroad who contracted Leukemia. This is only one instance of how the justice system is standing up for the injured.
Benzene
Railroad workers often work with chemical solvents and other dangerous substances, such as benzene. The liquid, which is extremely evaporative is absorbed by the skin or inhaled. It has been linked with a variety of medical conditions, including cancer, blood cancers like leukemia and lymphoma, as well as bone marrow diseases. It is also a cancer-causing substance and is a component of coal tar creosote that is used to protect railroad ties from sunlight, heat and rain.
One former rail worker claimed exposure to benzene when working with coal tar creosote on railroad ties caused Myelodysplastic Syndrome (MDS), that progressed to Acute Myeloid Leukemia. A jury handed him $7.5 million last September.
If you've been diagnosed with cancer or other chronic illnesses resulting from exposure to asbestos, benzene radioactive substances and other dangerous chemicals can make a claim for compensation under FELA. Depending on the kind of cancer or illness the statute of limitation may vary, so it is imperative to speak with an experienced lawyer as soon as you can.
Shaw Cowart's railroad attorneys will help you determine if your case is suitable to be a FELA lawsuit. We offer free consultations, and we are familiar with FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who contracted lung cancer and other health conditions caused by asbestos exposure. They worked in areas like repair shops, engine rooms and yards, as well as on track equipment or railway cars that contained asbestos insulation. This type of asbestos can be extremely hazardous, as when it degrades, tiny fibers are released into the air. These fibers are inhaled by railroad workers and cause mesothelioma as well as other asbestos-related health conditions including lung cancer, asbestosis as well as pleural plaques and fibrosis.
In addition to asbestos railroad workers are at risk of developing lung ailments due to diesel exhaust as well as exposure to other workplace toxins, such as welding fumes, solvents and silica sand. These particles and fumes can cause damage to the kidneys, lungs and gastrointestinal tract as well blood cells. These injuries are often diagnosed after years of exposure, and can lead to a variety of severe and debilitating medical conditions.
A recent case involving Conrail highlights the risks associated with this type of work. The Appeals Court upheld a jury award of $2.3 million against Conrail for a former railway employee who died of mesothelioma. The jury awarded damages for his pain and suffering, loss of companionship, future medical expenses and other losses. This case highlights the importance of working closely with an experienced attorney that can quickly assess whether a FELA claim is legitimate.
Radioactive Substances
Anyone exposed to radioactive materials could develop cancer or other serious ailments. The substances are usually hidden in the materials railroads employ to clean tracks and other rail yards. It can be difficult to detect them unless the railroad company actively tests for Gamma and Alpha radiation. If a railroad worker develops cancer or another ailment caused by exposure to carcinogenic chemicals at work, he may make an FELA and receive compensation from the company he worked for previously.
Studies have shown that railway workers are more likely to develop different types of cancers than other people. They are exposed to toxic substances that can cause lung cancer. They are exposed to asbestos and the mineral sand (silica), diesel fumes or welding fumes.
Railroad workers who have been diagnosed with cancer as the result of exposure to radiation on the job should speak to a railroad lawyer as soon as they can. They can assist them in determining whether they have a legal claim against their former employers and submit the appropriate lawsuits under FELA. These lawsuits could result in compensation for medical expenses loss of income, as well as discomfort and pain. Additionally, they may pay for the loss of a loved one in an wrongful-death claim. blacklands railroad lawsuit can help victims receive the maximum amount of compensation they are entitled to under FELA.
FELA
Railroad workers, such as engineers, conductors, and members of train crews are often exposed to hazardous conditions that can harm lungs without even realizing it. Former railroad workers who develop lung cancer or any other condition that may have been caused by their work can seek compensation under Federal Employers Liability (FELA).
Contrary to 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 knowledgeable of FELA regulations can explain to you the options available to.
To win a FELA lawsuit, you will have to prove that your employer acted negligently in a way. The definition of negligence can include breaking a rule or law or not meeting a reasonable standard of care, and so on. A knowledgeable FELA lawyer will review your case to determine whether negligence by the railroad caused your condition.
Many different lung diseases and illnesses can be linked to exposures to the railroad. If you were exposed to asbestos, diesel exhaust creosote, or other toxins during your career on the railroad, a reputable mesothelioma lawyer will assist you in claiming compensation under FELA. Hughes Law Offices has handled FELA cases in the past, and they have resulted in various settlements and verdicts.