FELA and Railroad Lawsuits
Workers exposed to toxic chemicals, such as coal fumes, diesel exhaust or asbestos can develop serious illnesses including cancer. A successful FELA claim could be awarded damages to cover medical expenses, income loss pain suffering and more.
Union Pacific recently awarded $7.5 Million to one of their railroad workers who developed Leukemia. This is just one instance of the justice system standing up for victims.
Benzene
Railroad workers are often exposed to hazardous substances and chemical solvents, which include benzene. Benzene, a liquid that is highly evaporative is absorbed through the skin or inhaled. It has been linked to a range of medical illnesses, including cancer, blood cancers such as leukemia and lymphoma, and bone marrow diseases. It is also a carcinogen, and a component of coal tar creosote. It is used to protect railroad ties from heat, sunlight, rain and snow.
A former rail worker claimed exposure to benzene when working with coal tar creosote railroad ties led to Myelodysplastic Syndrome (MDS), which eventually developed into Acute Myeloid Leukemia. A jury handed him $7.5 million last September.
Those who have been diagnosed with cancer or other chronic illnesses resulting from exposure to asbestos, benzene, radioactive substances and other hazardous chemicals are entitled to make a claim for compensation under FELA. The statute of limitations can vary depending on the type and extent of the cancer or illness. It is crucial to consult with an experienced attorney whenever you can.
Shaw Cowart's railroad attorneys can help you determine if your case is eligible for an FELA lawsuit. We provide no-cost consultations and are familiar with FELA as well as railroad workplaces and the hazardous cancer-causing substances that railroad workers face on a daily basis.
Asbestos
Our lawyers have represented railroad workers who contracted lung cancer and other illnesses caused by asbestos exposure. railroad lawsuit settlements were often employed in areas such as repair shops, engine rooms, and yards as well as on rail cars that were damaged or track equipment that had deteriorating asbestos insulation. This type of asbestos could be extremely dangerous, as when it deteriorates tiny fibers are released into the air. These fibers are inhaled by workers on railroads and can cause mesothelioma and lung cancer, asbestosis and the pleural plaque.
In addition to asbestos, railroad workers are also at high risk for developing lung diseases due to diesel exhaust and exposure to other workplace toxics such as welding fumes, solvents and silica sand. These fumes can cause harm to the kidneys, lungs and the gastrointestinal tract. These injuries are often discovered after years of exposure and can result in many serious and debilitating medical issues.
Recent cases against Conrail highlights the dangers that come with this type of work. The Appeals Court upheld a jury award of $2.3 million against Conrail for an ex-railway worker who passed away from mesothelioma. A jury awarded damages to cover suffering and suffering and companionship loss, as well as future medical expenses and other losses. This case illustrates the importance of working closely with an experienced attorney that can quickly determine if the FELA claims is warranted.
Radioactive Substances
Workers exposed to radioactive substances can develop cancers or other serious illnesses. These substances are often hidden in the materials used by railroads to clean tracks and other rail yards. It can be difficult to identify them unless the railroad company tests for Gamma and Alpha radiation. When a railroad worker is diagnosed with cancer or another disease due to exposure to carcinogenic substances while on the job, they are able to file a FELA claim and receive compensation from their former employer.
Studies have shown that railroad workers are more likely to develop different types of cancers than other people. This is because they are constantly exposed to toxic substances that can lead to lung cancer, like asbestos and sand dust (silica) as well as diesel fumes, welding fumes, and creosote.
A railroad lawyer should be consulted as soon as possible by railroad workers who are diagnosed with cancer because of exposure on the job. They can help them determine whether they have a legal claim against their former employers and file the appropriate lawsuits under FELA. These claims can be based on reimbursement for medical expenses and income loss as well as pain and suffering. In addition, they can pay for the loss of a loved one's life in a wrongful death claim. An experienced railroad attorney can help victims get the maximum amount of the damages they are entitled to, under FELA.
FELA
Railroad workers such as engineers, conductors and other members of the train crew often work in hazardous environments which can cause lung damage without realizing it. If a former railroad employee has developed an illness like lung cancer or another disease which could be linked to their job it is possible to claim compensation under the Federal Employers Liability Act (FELA).
Contrary to workers' compensation FELA permits railroad employees who are injured to file a lawsuit. This includes past and future medical costs and emotional suffering. An attorney who is familiar with the regulations under FELA could explain your options to file.
In order to win a FELA lawsuit, you'll have to prove that your employer acted in a negligent way. Negligence may involve breaking a law or rule, failing to meet a reasonable standard of care, and many more. A FELA lawyer can evaluate your case and determine if railroad negligence caused your illness.
Railroad exposure can lead to a variety of lung diseases. If you were exposed during your railroad work to diesel exhaust or other toxins, such as creosote, asbestos, or creosote, a mesothelioma lawyer will help you file an application for compensation under the FELA. The FELA cases handled by Hughes Law Offices in the past have resulted into a variety of verdicts and settlements.