FELA and Railroad Lawsuits
Railroad workers exposed to toxic chemicals like diesel exhaust fumes, coal vapors, benzene or asbestos are at risk of developing a serious illness such as cancer. A successful FELA claim could provide compensation for medical expenses loss of income discomfort and more.
Union Pacific recently awarded $7.5 Million to one of its railroad workers who was diagnosed with Leukemia. This is only one example of the justice system standing up for the victims.
Benzene
Railroad workers are often exposed to hazardous materials and chemical solvents like benzene. The evaporation rate of benzene is high. liquid that can be absorbed through the skin or inhaled. It has been linked to a variety of medical ailments, including blood cancers, cancers of the blood like leukemia and lymphoma, and bone marrow diseases. It is also a cancer-causing agent and a component of coal tar creosote, which is used to protect railroad tracks from heat, sunlight snow, rain and sun.
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 gave the man $7.5 million in September of the year before.
If you've been diagnosed with cancer or other chronic illnesses resulting from daily exposure to asbestos, benzene radioactive substances and other harmful chemicals have the right to file a claim for compensation under FELA. The statute of limitations can vary based upon the type and severity of the cancer or disease. It is important to speak with an experienced attorney immediately.
A railroad lawyer at Shaw Cowart can help you determine whether your case is eligible for a FELA claim. We offer no-cost consultations, and we're familiar with FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who contracted lung cancer and other health issues due to asbestos exposure. They typically worked in areas like repair shops, engine rooms, and yards or on rail cars with derailments or track equipment with asbestos insulation that was becoming degraded. This kind of asbestos can be extremely hazardous, as when it degrades, tiny fibers are released in the air. These fibers are inhaled by workers on railroads 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 also at high risk for developing lung disease due to diesel exhaust as well as exposure to other workplace toxins, such as solvents, welding fumes and silica sand. These fumes can cause harm to the lungs, kidneys and the gastrointestinal tract. These injuries are often discovered several years after the initial exposure and can cause various severe and debilitating medical conditions.
The recent case against Conrail shows the dangers associated with this type work. The Appeals Court upheld a jury award of $2.3 million against Conrail for an ex-railway employee who died of mesothelioma. A jury awarded damages for his suffering and pain, as well as loss of companionship, future medical expenses and other losses. The case highlights the importance to work with an experienced attorney who is able to quickly assess whether a FELA claim is warranted.
Radioactive Substances
People exposed to radioactive substances can develop cancers or other serious diseases. These substances are typically hidden in the materials used by railroads to clean tracks and other rail yards. It is often difficult to spot them unless the railroad's company tests for Gamma and Alpha radiation. If a railway worker is diagnosed with cancer or another illness that was caused by exposure to carcinogenic substances while on the job, they are able to file an FELA claim and receive compensation from their former employer.
Research has proven that railroad workers are much more likely to develop various types of cancer than other people. This is due to the fact that they are constantly exposed to toxins that could cause lung cancer, such as asbestos dust, sand dust (silica) and welding fumes, diesel fumes, and creosote.
A railroad lawyer is recommended to be consulted as soon as is possible by railroad employees who have been diagnosed as having cancer as a result of exposure to radiation during their work. They can assist them in determining whether they have a case against the former employer and make the appropriate lawsuits that are based on FELA. These claims can be based on the payment of medical expenses and income loss as well as pain and suffering. They also can compensate for the death of a loved one through an wrongful-death case. An experienced railroad attorney can help victims receive the full amount of compensation they are entitled to under FELA.
FELA
Railroad workers, such as engineers, conductors and other members of the train crew are often exposed to hazardous conditions which can cause lung damage without even realizing it. If class action lawsuit against norfolk southern railroad is suffering from an illness such as lung cancer or a different condition which could be linked to their work, they may be able to seek compensation under the Federal Employers Liability Act (FELA).
In contrast to claims for workers' compensation, FELA allows injured railroad employees and families of deceased employees to seek damages for past and future emotional and medical expenses. An attorney who is knowledgeable about FELA regulations could explain to you the options.
In order to prevail in a FELA claim you must show that your employer acted negligently. The definition of negligence can be as simple as breaking a rule or law and not meeting the acceptable standards of care, and many more. A FELA lawyer can review your case and determine if railroad negligence was the cause of your condition.
Several different types of lung diseases and illnesses can be linked to exposures to the railroad. If you were exposed to asbestos, diesel exhaust creosote or any other toxic substances during your time working on the railroad and you are a mesothelioma patient, a certified attorney can assist you in filing for compensation under FELA. Hughes Law Offices has handled FELA cases in the past and have led to a variety of settlements and verdicts.