A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you think that exposure to these chemicals while working caused your cancer, you may be entitled compensation.
union pacific railroad lawsuits allows railroad employees to sue their employers for negligence. For more details, contact an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
It is a colorless, toxic gas that can cause cancer in people who are exposed for long durations. It is naturally produced in the environment, as well as by gas emissions and smoking tobacco. The skin is also able to absorb the benzene. A railroad worker who been diagnosed with cancer as a result of exposure to benzene might be able to sue their employer for compensation.
In one case the widow of a railroad employee who passed away was awarded $1,500,000 by the company which employed her husband. Her husband, who died in 1995, worked as pumpman on a variety of tankers during the 1970s and 80s, and was exposed to benzene. After he died from acute myeloid leukemia in 1995, his wife filed a claim for wrongful death against the vessel's owner.
Acute myeloidleukemia is a cancer that is fast-moving and can cause death in a few months if not treated immediately. The majority of the time, it is treated with chemotherapy. However, in a few cases, targeted therapy or radiation might be employed.
We obtained defense verdicts in two cases, in which plaintiffs claimed brain injuries due to exposure to solvents throughout their 23-year career on the railroad. The defense presented experts' testimony on medical causality, industrial hygiene and the jury determined that the railway workplace was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals that are used to preserve wood, such as railroad ties. It is made up of a variety of known carcinogens that include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are absorption through the surface of the skin or inhaled by drinking water that is contaminated with this chemical. PAHs can also be absorbed into the lung where they can cause lung cancer.
Creosote inhalation may trigger a variety symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can cause third and second degree burns to the skin. Coal tar creosote contains numerous PAH compounds which include acenaphthene, naphthalene fluorene, phenanthrene, and fluorene each of which is carcinogenic.
Exposure to creosote can affect the health of family members and employees as well. For instance, some employees have developed basal cell tumors papular that are common skin cancers that can spread to other regions of the body. Others have suffered from chronic lung disease the liver fibrosis, esophageal, and esophage, and chronic bronchitis.
In many cases, the railroad industry isn't able to adequately inform employees about the dangers of long term exposure to toxic substances. For instance, it is not uncommon for railroad workers to leave diesel-powered engines, forklifts, and cranes running during their work. These engines generate large amounts of diesel exhaust, which is ingested and breathed in through the lungs. They also dip rags into solvents that contain benzene for cleaning equipment and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or a chronic illness resulting from exposure to toxic chemicals like creosote or benzene may be entitled to compensation for their medical expenses 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 are triggered by occupational exposure to carcinogenic chemicals such as diesel fumes, asbestos and silica do not appear until a person is older. In the majority of cases, statute of limitations is only three years following a person's first diagnosis. This is why it is vital that anyone who is a potential victim contact an experienced attorney for railroad accidents within the first few days after they are diagnosed.
In a recent case Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway employee who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff claimed that the company was in violation of FELA for failing to provide their employees with the necessary safety equipment and training.
The jury awarded the plaintiff $7.5 million in damages following the conclusion that his cancer was directly linked to his job on the Chicago & North Western Railroad. The man was exposed to various toxic chemicals including benzene, creosote and degreasing solvents during his time working for the company.
FELA
When a former railroad worker is diagnosed with cancer caused by exposure to toxic substances during their work and is diagnosed with cancer, they can make a claim under the Federal Employers Liability Act, or FELA. In contrast to workers' comp laws that provide victims with medical expenses and some lost wages, FELA is a fault-based statute that requires evidence that the railroad company failed to protect its workers from the dangers of chemical exposures.
Railroad companies are often involved in FELA lawsuits that involve occupational diseases. Their defense lawyers often argue that the ill former employee is unable identify specific instances of exposures that are harmful. They also point out the lack of test results from an official laboratory that show the presence of toxins or carcinogens within equipment or parts manufactured and used by the railway company.
In a successful FELA claim and a successful FELA claim, the family members of the victim are entitled to compensation for their past and future pain and suffering and loss of enjoyment life, mental distress, and other damages. If the victim dies due to the incident of the incident, the family may bring a wrongful-death lawsuit to seek compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers receive the financial help they require. Contact us for an evaluation of your case at no cost. We represent railroad workers across the country, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.