A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, such as asbestos and benzene. If you think that exposure to these chemicals while working caused cancer, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more details, contact an acute myeloid lawsuit railroad lawyer.
Leukemia lawsuit is a colorless, poisonous gas that can cause cancer in individuals who are exposed for long periods of time. It is produced naturally in the environment, and also by gas emissions and smoking tobacco. Skin can also absorb benzene. Railroad workers who have developed cancer because of exposure to benzene might be eligible to file a claim against their employer for monetary compensation.
In one case, a deceased railroad employee's widow was awarded $1,500,000 in damages from the company which employed him. Her husband, who died in 1995, worked as pumpman on several tankers in the 1970s and 1980s and he was regularly exposed to benzene. His wife filed a lawsuit for the wrongful death of the vessel owner after he died in 1995 from acute myeloid lymphoma.
Acute myeloid Leukemia is a cancer that is fast-moving and can be fatal in just a few months if not treated immediately. The majority of the time, it is treated with chemotherapy. However, in a few instances, targeted therapy and radiation may be used.
We obtained defense verdicts in 2 cases, where plaintiffs claimed they suffered brain injury due to exposure to solvents during their 23-year journey on rail. The defense provided expert testimony on medical causation and industrial hygiene and the jury concluded that the railroad's work environment was reasonably safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals used to protect wood, including railroad ties. It contains a number of carcinogens which are well-known such as polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote can be absorbed through the surface of the skin, or ingested by drinking water that is affected by this chemical. PAHs can be absorbed into lung where they can cause lung cancer.
Creosote inhalation may trigger several symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns in the second and third degree. Coal tar creosote consists of a number of PAH compounds that include naphthalene, acenaphthene fluorene, phenanthrene, and fluorene and fluorene, all of which are carcinogenic.
Creosote exposure could affect the health of employees and their families and their families, as well. For instance, some employees have developed papular basal cell carcinomas that are common skin cancers that can spread to other parts of the body. Others have suffered from chronic lung disease the liver fibrosis, esophageal, and esophage, and chronic bronchitis.
In many cases, the railroad industry fails to communicate adequately with employees on the dangers of long-term exposure to toxic substances. For instance, it's not uncommon for railroad employees to leave diesel-powered engines, forklifts and cranes on the road while they work. Diesel exhaust from these engines can be inhaled and ingested. They also dip rags into solvents that contain benzene to clean machines and tools.
Worker's Compensation
Railroad workers who contract cancer or develop another chronic disease due to exposure toxic chemicals such as benzene or Creosote may be eligible for compensation for their medical costs and other losses. A New York railroad cancer lawyer can assist workers in pursuing claims under the Federal Employers Liability Act (FELA) for monetary damages.
Many illnesses that are triggered by occupational exposure to carcinogenic chemicals like diesel fumes asbestos and silica do not develop until a worker is older. Thus the statute of limitations typically only lasts for three years from the point an individual is first diagnosed with the disease. It is therefore important to contact a railroad injury lawyer as quickly as possible after being diagnosed.
In a recent case Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway worker who was diagnosed with leukemia following years of exposure to toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to train their employees and equip them with proper safety equipment.
The jury gave the plaintiff damages of $7.5 million after determining that the cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals such as creosote, benzene and degreasing agents.
FELA
When a former railroad worker is diagnosed with cancer due to exposure to toxic substances while on the job the worker may make a claim under the Federal Employers Liability Act, or FELA. Unlike workers' compensation statutes, which provide victims with medical expenses and some lost wages, FELA is a fault-based law that requires evidence that the railroad's employer did not adequately protect its employees from the dangers of chemical exposures.
Railroad companies often fight FELA lawsuits involving occupational illnesses. Their defense attorneys commonly claim that the sick former employee is unable to pinpoint specific instances of exposure to harmful substances. They also highlight the absence of tests conducted by the government that prove the presence of carcinogens and toxins in equipment or parts employed by the railway.
In a successful FELA claim and a successful FELA claim, the family members of the victim can be compensated for their past and future pain and suffering as well as loss of enjoyment of life, mental stress, and other damages. If the victim is killed due to the incident then the family can file a wrongful-death claim to claim the compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to help injured railroad workers obtain the financial support they need. 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.