A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to substances and chemicals that can cause cancer, like asbestos and benzene. If you've been diagnosed with cancer and believe that your exposure to these chemicals during your job caused it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a dedicated railroad lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
Benzene, a colorless and toxic gas is a cancer-causing gas when exposed for long periods of time. It is created in the environment and also through the release of gas and tobacco smoke. The human body can absorb benzene through the skin. Railroad workers who have been diagnosed with cancer as a result of exposure to benzene might be able to sue their employer to receive compensation.
In one instance the widow of a railroad worker who passed away was awarded $1,500,000 by the company that employed her husband. Her husband, who died in 1995, was a pumpman on different tankers throughout the 1970s and 1980s. He was regularly exposed to toxic benzene. After his death from acute myeloid leukemia in the year 1995 His wife filed a wrongful death claim against the vessel's owner.
Acute myeloidleukemia is a fast-moving cancer that can be fatal in just one or two months if treated immediately. It is most commonly treated with chemotherapy, however in some instances radiation and targeted therapy might be utilized.
We obtained defense verdicts for a class 1 railroad in two cases where plaintiffs claimed injury to their brains caused by solvent exposure over their 23 years on the railways. The defense presented expert testimony from a medical expert on causation, industrial hygiene, and the jury concluded that the workplace of the railroad was fairly safe.
Creosote Exposure
It is a mixture made up of hundreds of chemicals that are used to preserve wood such as railroad ties. It contains a variety of carcinogens including polycyclic hydrocarbons (PAHs). The PAHs present in creosote are absorption through the surface of the skin or ingested through drinking water that is affected by this chemical. PAHs can be absorbed into lung where they can cause lung cancer.
Creosote inhalation can cause a variety of symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns that are of the third and second degrees. Coal tar creosote has a variety of PAH compounds which include acenaphthene, naphthalene and fluorene. Phenanthrene is also a component, all of which are carcinogenic.
Creosote can affect the health of workers and their families. Some workers have developed papular base cell carcinomas (common occupational skin cancers) that can develop to different parts of the body. Others have been affected by chronic esophageal ulcers, bronchitis and fibrosis of the liver and lungs.
The railroad industry often isn't able communicate effectively with employees about the dangers of long-term exposure to toxic substances. It is not uncommon for railroad workers to leave diesel locomotives, cranes, or forklifts on the road while they work. These engines generate large amounts of exhaust from diesel engines, which can be ingested and inhaled through the lungs. They also dip rags into solvents containing benzene to clean tools and machinery.
Workers' Compensation
Railroad workers who contract cancer or develop another chronic disease because of exposure to toxic chemicals such as benzene or Creosote, could be entitled to compensation for medical expenses and other expenses. A New York railroad cancer attorney could assist in pursuing claims for monetary damages under the Federal Employers Liability Act, or FELA.
Many ailments related to occupational exposure to carcinogenic substances such as diesel fumes, asbestos and silica do not manifest themselves until a worker is older. In most cases, the time limit for a statute of limitations is three years after a person's first diagnosis. It is therefore important to contact an attorney for railroad accidents immediately after being diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railroad employee who was diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA for not providing employees with the appropriate safety equipment and training.
The jury awarded the plaintiff damages of $7.5 million after determining that the cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals, including creosote, benzene and other degreasing agents.
FELA
Former railroad employees who are diagnosed with cancer due to exposure to toxic chemicals at work could be qualified to claim compensation under the Federal Employers Liability Act (FELA). Contrary to workers' compensation statutes that provide victims with medical expenses and some loss of wages, FELA is a fault-based statute that requires proof that the railroad employer did not adequately protect its employees from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims involving occupational illnesses. mesothelioma lung cancer lawsuit claim that the sick former employee is unable identify specific instances of exposure to harmful substances. They are also critical of official tests indicating the presence of carcinogens and toxins in equipment or parts that are used by the railway.
A successful FELA claim is awarded compensation for past and future physical pain and suffering in addition to loss of enjoyment life, psychological distress, and other damages. If the victim dies as a result of their injuries, a wrongful death claim can be filed to collect compensation for the deceased's family members.
At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to assist injured railroad workers obtain the financial support they need. Contact us to set up an evaluation of your case at no cost. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.