A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers are often exposed to prolonged exposure to carcinogenic chemical and substances such as creosote or benzene as well as asbestos. If you believe that exposure to these chemicals during work caused your cancer, you may be entitled compensation.
The FELA law permits railroad workers to sue their employers for negligence. For more details, talk to a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas, can cause cancer when exposed to it for long periods of time. It is produced naturally in the environment, and also through the combustion of gas and tobacco smoke. lawsuits against union pacific railroad is also able to absorb benzene through the skin. A railroad worker who develops cancer as a result of exposure to benzene may be eligible for monetary compensation from their employer.
In one case the widow of a railroad employee who died was awarded $1,000,000 by the company that employed her husband. The late husband worked as a pump man on various tankers in the 1970s and 80s, and was often exposed to benzene. When he passed away from acute myeloidleukemia in 1995, his wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid cancer is a form of cancer that is rapidly spreading and can be fatal within several months after diagnosis if not treated. The majority of the time, it is treated with chemotherapy. However, in certain instances, targeted therapy and radiation can be utilized.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed to have suffered injury to their brains from solvent-induced exposure during their 23-year career on the railways. The defense presented experts' testimony on medical causality, industrial hygiene and the jury found that the workplace of the railroad was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals used to protect wood, like railroad ties. It contains a variety of carcinogens which are well-known, including polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote can be in the skin and can be ingested via drinking water contaminated with the chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Creosote-inhalation exposure can lead to a variety of symptoms that include respiratory irritation, eye problems, and nausea and vomiting. It can cause skin burns that are of the second and third degree. The coal tar creosote compound is composed of PAH compounds like naphthalene and other carcinogenic substances like acenaphthene.
Creosote exposure can affect the health of employees and their families. Some workers have developed papular basis cell carcinomas (common occupational skin cancers) which may develop to different parts of the body. Some workers have also suffered from chronic lung disease the liver fibrosis, esophageal, and esophage and chronic bronchitis.
The railroad industry often isn't able to adequately inform employees on the dangers of a long-term exposure to toxic substances. It is not uncommon for railroad employees to leave cranes, diesel locomotives or forklifts in operation while working. Diesel exhaust from these engines could be inhaled and ingested. They also dip rags into benzene-containing solvents to clean tools and machinery.
Worker's Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness due to exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for medical expenses and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) for damages in the form of money.
Many illnesses related to exposure to carcinogenic substances at work, such as asbestos and diesel fumes, are not apparent until a person is older. Therefore the statute of limitations in most cases only runs for three years from the time a person is first diagnosed with the disease. This is why it is essential to contact an experienced railroad injury lawyer within the first few days after they are diagnosed.
In a lawsuit that was recently filed, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to properly train their employees and equip them with the appropriate safety equipment.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals like creosote and benzene as well as degreasing agents.
FELA
If a former railway worker is diagnosed with cancer caused by exposure to toxic substances during their work, they may be able to file a claim under Federal Employers Liability Act, or FELA. In contrast to workers' comp laws that provide victims with medical expenses as well as some lost wages, FELA is a fault-based statute that requires proof that the railroad employer did not protect its employees from the dangers of chemical exposures.
Railroad companies frequently fight FELA lawsuits that involve occupational diseases. Their defense attorneys commonly argue that the former employee isn't able to identify specific instances of exposure to hazardous substances. They also point to the lack of official test results showing the presence of toxic substances or carcinogens in the equipment or parts used by the railway company.
A successful FELA claim is the compensation for future and past physical suffering and pain, loss of enjoyment of life, psychological suffering, and other related damages. If the victim dies due to their injuries the wrongful death claim can be filed to collect the compensation of the deceased's family members.
We work with FELA attorneys to help railroad employees injured receive the financial assistance they require. Contact us for a complimentary consultation. We represent railroad workers across the United States, including New York City, Boston and Hartford, St. Louis and Denver among others.