FELA and Railroad Lawsuits
Railroad workers exposed to toxic chemicals, such as diesel exhaust benzene, coal fumes or asbestos are at risk of developing serious illness including cancer. A successful FELA claim can award damages to compensate for medical expenses, income loss as well as suffering and pain.
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 victims.
Benzene
Railroad workers are often exposed to chemical solvents and other dangerous materials, including benzene. Benzene, a liquid that is highly evaporative, can be absorbed by the skin or inhaled. It has been linked with a number medical conditions including cancer, blood-related cancers such as leukemia and lymphoma, and bone-marrow disease. It is also a cancer-causing agent and is a component of coal creosote. It's used to shield railroad tieways from heat, sunlight snow, rain and sun.
One former rail worker claimed that exposure to benzene during his work with coal tar creosote on railroad ties triggered Myelodysplastic Syndrome (MDS), which eventually developed into Acute Myeloid Leukemia. A jury gave the man $7.5 million in September of last year.
Those who have been diagnosed with cancer or other chronic diseases due to daily exposure to radioactive substances benzene asbestos as well as other hazardous chemicals, have the right to claim compensation under FELA. Based on the type of cancer or illness the statute of limitation will vary, therefore it is important to consult with a knowledgeable lawyer as soon as is possible.
A railroad attorney at Shaw Cowart can help you determine whether your case is eligible for a FELA claim. We offer no-cost consultations and are familiar with FELA railway workplaces, FELA and the harmful cancer-causing chemicals that railroad employees are exposed to every day.
Asbestos
Our lawyers have represented railroad employees who developed lung cancer or other health conditions due to asbestos exposure. They worked in areas such as repair shops, engine room and yards, as well as on track equipment or railway cars that contained asbestos insulation. This kind of asbestos is particularly hazardous since, when it begins to degrade tiny fibers are released into the air. The fibers can be breathed in by railroad workers and cause mesothelioma as well as other asbestos-related diseases such as lung cancer, asbestosis as well as pleural plaques and fibrosis.
Railroad workers are at the risk of developing lung disease due to diesel exhaust, silica sand and welding fumes. These fumes can cause harm to the lungs, kidneys and the gastrointestinal tract. These injuries are usually discovered many years after an employee's initial exposure and can cause various serious and debilitating medical conditions.
wasatch railroad contractors lawsuit against Conrail highlights the dangers of this kind of work. The Appeals Court upheld a jury award of $2.3 million against the railroad company in respect of an ex-railway worker who passed away from mesothelioma. A jury awarded damages for suffering and pain, as well as loss of companionship, future medical costs and other losses. This case illustrates the importance of working closely with an experienced attorney who can quickly determine whether a FELA claim is legitimate.
Radioactive Substances
Railroad workers who were exposed to radioactive substances are at risk of developing certain types of cancers and other serious ailments. These substances are often hidden in the materials used by railroads to clean tracks and other rail yards. They can be difficult to identify unless the railroad company is actively testing them for alpha and the gamma radiation. If a railway worker is diagnosed with cancer or another disease that is the result of exposure to carcinogenic substances while on their job, they can submit an FELA claim and receive compensation from their former employer.
Railroad workers are more likely than other people to develop cancer. They are constantly exposed the toxins that can cause lung cancer. This includes asbestos and silica (silica) diesel fumes or welding fumes.
A lawyer for railroads must be sought out as soon as possible by railroad workers who have been diagnosed with cancer as a result of exposure to radiation on the job. They can assist them in determining if they have a claim against their former employers and make the appropriate lawsuits under FELA. These claims could include reimbursement for medical expenses, loss of income, as well as pain and discomfort. In addition, they can compensate for the loss of a loved ones in an wrongful-death claim. A railroad lawyer with experience can help victims get the maximum amount of damages that they are entitled to, under FELA.
FELA
Engineers, conductors and train crew members work in dangerous situations where they may damage their lungs without realizing it. If a former railroad employee has developed an illness like lung cancer or another illness which could be linked to their work, they may be able to file for 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 pursue claims for damages, including future and past medical expenses and emotional suffering. An attorney familiar with FELA regulations could explain to you your options.
In order to prevail in a FELA claim you must prove that your employer acted negligently. Negligence may involve breaking a rule or law, failing to meet the standard of reasonable care and more. A FELA lawyer will review your case and determine whether railroad negligence caused your illness.
There are a variety of lung diseases and illnesses could be linked to railroad exposures. If you were exposed during your railroad career to diesel exhaust or other toxic substances like creosote or asbestos creosote, a mesothelioma lawyer can help you file a claim for compensation under the FELA. Hughes Law Offices has handled FELA cases in the past and have resulted in a variety verdicts and settlements.