FELA and Railroad Lawsuits
People exposed to toxic chemicals like coal fumes, diesel exhaust or asbestos can develop serious illnesses, including cancer. A successful FELA claim can be awarded damages to cover medical expenses, income loss suffering and more.
A railroad worker who was diagnosed with leukemia recently received $7.5 million from Union Pacific. This is only one example of how the justice system defends for the victims.
Benzene
Railroad workers frequently work with chemical solvents as well as other hazardous substances, like benzene. The liquid, which is extremely evaporative is absorbed by the skin or inhaled. It has been linked to a variety of medical conditions, including cancer blood-related cancers like Lymphoma and leukemia, as well as bone-marrow diseases. It is also a cancer-causing chemical and a component of coal tar creosote. It is used to protect railroad ties from heat, sunlight and rain.
A former railway worker claimed that exposure to benzene while working with coal-tar creosote make railroad ties, led to Myelodysplastic Syndrome. This progressed to Acute Myeloid leukemia. A jury awarded him $7.5 million in September.
If lawsuits against union pacific railroad have been diagnosed as having cancer or other chronic diseases due to daily exposure to benzene asbestos radioactive substances, and other hazardous chemicals, have the right to claim compensation under FELA. Depending on the type of cancer or illness the statute of limitation may vary, so it is important to speak with a skilled lawyer as soon as is possible.
Shaw Cowart's railroad attorneys can assist you in determining if your case qualifies to be an FELA lawsuit. We offer no-cost consultations, and we are knowledgeable about FELA and railroad workplaces.
Asbestos
Our lawyers have represented railroad workers who developed lung cancer and other health conditions caused by asbestos exposure. They typically worked in areas like repair shops, engine rooms and yards as well as on rail cars that were damaged or track equipment that contained asbestos insulation that was deteriorating. This kind of asbestos is particularly dangerous because, when it gets deteriorated, tiny fibers are released into the air. The fibers are breathed in by railroad workers and could cause mesothelioma, lung cancer asbestosis and the pleural plaque.
Railroad workers are at the risk of developing lung cancer from diesel exhaust, silica sand and welding fumes. The particles and fumes that are emitted from these workplaces can 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 lead to a myriad of serious and debilitating diseases.
Recent cases against Conrail shows the dangers associated with this type work. The Appeals Court upheld a jury award of $2.3 million to the railroad company for an ex-railway employee who passed away from mesothelioma. The jury awarded damages for suffering and pain, loss of companionship, future medical expenses and other expenses. This case highlights the importance of working closely with an experienced lawyer who can quickly determine whether the FELA claims is warranted.
Radioactive Substances
People who are exposed to radioactive substances can develop cancers or other serious illnesses. The substances are usually hidden in the materials that railroads use to clean track and other rail yards. They are often difficult to identify unless a railroad company is actively checking them for alpha and Gamma radiation. If a railroad employee develops cancer or another disease caused by exposure to carcinogenic substances on the job, he can file a FELA and receive compensation from the company he worked for previously.
Railroad workers are more prone than others to develop cancer. They are continuously exposed to the toxins that can cause lung cancer. These include asbestos, the mineral sand (silica) as well as welding fumes, or diesel fumes.
Railroad employees who have been diagnosed with cancer as a result of on-the-job exposure should consult an attorney for railroads as soon as is possible. They can help them determine whether they have a legal claim against their former employers and file the appropriate lawsuits under FELA. These claims could include reimbursement for medical expenses, income loss, and discomfort and pain. In addition, they could pay for the loss of a loved ones in the event of wrongful death. A railroad attorney with experience can help victims get the full amount of the damages they are entitled to, under FELA.
FELA
Railroad workers such as engineers conductors, and train crew members are often in dangerous environments that can damage lungs without even realizing it. If a former railroad worker has developed an illness like lung cancer or another illness that could be connected to their work it is possible to seek compensation under the Federal Employers Liability Act (FELA).
In contrast to claims for workers' compensation, FELA allows injured railroad employees and the families of deceased employees to pursue claims for damages, including future and past emotional and medical expenses. A lawyer familiar with the rules of FELA can explain your options for filing.
To be successful in a FELA claim you must show that your employer acted negligently. It could be a matter of breaking a rule or law or not meeting an acceptable standard of care and more. A FELA lawyer can review your case and determine if railroad negligence was the cause of your illness.
Railroad exposure can cause a variety of lung illnesses. If you were exposed in your railroad career to diesel exhaust or other toxins such as asbestos, creosote, or creosote mesothelioma lawyers can help you file claims for compensation under the FELA. The FELA cases handled by Hughes Law Offices in the past have resulted in a variety of settlements and verdicts.