FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) allows current, former railway workers, as well as retired workers the right to sue their employer if they develop cancer or other chronic illnesses through exposure to benzene or creosote, carcinogens like diesel fumes, and other. Call today for a free consultation from an experienced railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and people throughout the country each day. It takes a large number of railroad workers to run and manage these huge systems. Despite advances in technology the job of a railroad worker is still incredibly dangerous. The Federal Employers Liability Act was created to protect railroad workers who are injured.
Contrary to workers' compensation which is a no fault system the claimants who are covered under FELA must demonstrate that their railroad's employer was negligent in order to be eligible for payment. This is usually achieved by showing that the railroad's actions violated the federal standard, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.
In FELA cases, it is easier to prove negligence than in other personal injury claims. This is due to the strict comparative negligence criterion, which allows workers to recover damages regardless of whether their actions caused their injuries.
The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to examine the evidence in these cases. Since the time for filing a FELA claim is limited, it is important to get an attorney on the case as soon as possible after your injury. This allows us time to gather documents, statements, and other evidence. Contact us today to set up a an appointment with a railroad litigation attorney.
Exposure to Carcinogens
Railroad workers are at risk of contracting various diseases due to exposure to toxic chemicals. For a long time, railroad workers have been exposed to diesel fumes,, asbestos silica, creosote, and asbestos. In turn, these chemicals can cause cancer and other illnesses in railroad workers. If a past or current railroad employee has an illness directly related to the chemicals they were exposed to at work and is able to file a FELA suit.
Numerous studies have demonstrated that railroad employees tend to be more susceptible to a high rate of cancer than people in other jobs. Some of the most common cancers that railroad workers suffer from include the esophageal, lung, and throat cancers as well as basal-cell carcinomas of the neck and head.
Benzene is among the most commonly used carcinogens to which railroad workers are exposed. It has a sweet scent and is an odorless, colorless gas. It was banned in the United States more than 20 years ago but is present in gasoline, crude oil and diesel exhaust. It is also a component of certain solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. The lawsuit alleges that the railroad and the city affected her neighborhood with harmful chemicals from the railroad's train yard. Giles lived only a couple blocks from the rail yard as well as the creosote treatment sites.
Cancer Signs and Symptoms
Railroad transportation is essential to the American economy. The railroads in America transport 30 million passengers every year, and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as along with vehicles chemical, metal ore and. A FELA injury attorney can help you file a suit against your employer.
For example, one former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, a skin cancer. He claims that his exposure to sunlight and creosote infused railroad connections between 1968 and 2009 caused the condition. He also complains that he was not provided with the appropriate safety equipment to protect him from his workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on the Union Pacific track yard. Houston resident LaTonya Payne first noticed an area of her breast that was lumpy in the year 2016. When cancer lawsuits removed the lump they discovered it was malignant. The cancer has taken over her lymph nodes to her liver, lungs, and esophagus.
The Houston mayor asked the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used from the 1980s to store railroad ties made of wood that were treated with creosote an organic mixture of coal tar and other poisonous chemicals. In a study published by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers as well as rheumatoid arthritis.
Signs of other illnesses
Railroad workers are at risk of developing serious health problems, particularly in the event that they are exposed chemicals on a daily basis. The Federal Employers Liability Act gives railway workers the right to pursue compensation if their employer is in violation of the law. Chaffin Luhana is committed to ensuring these victims receive the full amount of compensation they are entitled to.
According to studies, people in the railroad sector are more susceptible to developing cancer. Whether the workers are inside locomotives or working in yards, they are typically exposed to harmful chemicals. For instance an investigation has shown that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical, Benzene, has been linked to cancer in railroad workers. It is found in a wide range of solvents, degreasers and other products used in the rail industry. It is also present in diesel exhaust and is believed to cause non Hodgkin lymphoma in railroad workers.
In September, a jury awarded $7.5 million to a railroad employee who developed leukemia. The plaintiff worked at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed that he was not wearing protective equipment while installing railroad tieways that were immersed in creosote. He also claimed that he was exposed to degreasing solvents and lead. He was diagnosed with myelodysplastic Disorder (MDS), which eventually led to acute myeloid leukemia.