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A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers typically have long-term exposure to carcinogenic chemicals as well as substances such as creosote or benzene as well as asbestos. If you've been diagnosed with cancer and believe that your exposure to these chemicals at work contributed to it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more information, contact an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas that can cause cancer when exposed for a long time. It is generated in the environment, as well as through the release of gas and tobacco smoke. The human body can also absorb benzene through the skin. A railroad worker who has developed cancer as a result of exposure to benzene could be eligible for financial compensation from their employer.
In one instance, the widow of a railroad worker who died was awarded $1,500,000 by the company that employed her husband. The deceased husband was a pumpman on various tankers during the 1970s and 1980s. He was often exposed to toxic benzene. When he passed away from acute myeloid leukemia in 1995, his wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid tumor is a cancer that is rapidly spreading and can be fatal within the first few months after diagnosis if it isn't treated. It is usually treated with chemotherapy, but in some instances radiation and targeted therapy might be utilized.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed that they suffered injuries to their brain from solvent-induced exposure during their 23-year career on the rails. The defense provided expert evidence on medical causation and industrial hygiene and the jury concluded that the work environment of the railroad was reasonably safe.
Creosote Exposure
Coal tar creosote is a mixture of hundreds of chemicals used to protect wood, such as railroad ties. It is a mixture of carcinogens that are known that include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote can be absorbed through the skin and can be inhaled through drinking water contaminated with the chemical. PAHs can also be absorbed into the lung where they can cause lung cancer.
class action lawsuit against union pacific railroad to creosote can cause a range of symptoms like irritation to the respiratory tract, eye problems and nausea and vomiting. It can also cause skin burns of the second and third degree. Coal tar creosote consists of a number of PAH compounds which include acenaphthene, naphthalene as well as fluorene and phenanthrene each of which is carcinogenic.
Creosote can have a negative impact on the health of employees as well as their families. Certain workers have developed papular base cell carcinomas (common occupational skin cancers) which can expand to different areas of the body. Others have suffered from chronic asthma, esophageal ulcers and fibrosis of the lungs and liver.
The railroad industry does not often communicate effectively with its employees about the dangers associated with long-term exposure to toxic substances. It is not unusual for railroad employees to leave diesel locomotives, cranes, or forklifts in operation while working. Diesel exhaust from these engines could be inhaled and ingested. They also dunk rags in solvents that contain benzene to clean machines and tools.
Workers' Compensation
Railroad workers who are diagnosed with cancer or other chronic illness due to exposure to toxic chemicals like creosote and benzene could be entitled to compensation for their medical expenses and other damages. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) for financial damages.
Many illnesses that are triggered by occupational exposure to carcinogenic chemicals such as diesel fumes, asbestos and silica, do not appear until a person is older. In the majority of cases, statute of limitations lasts only three years after the first diagnosis. This is why it is vital that anyone who is a potential victim contact an experienced attorney for railroad accidents as soon as possible after being diagnosed.
In a lawsuit that was recently filed, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by an ex-railway employee who had been diagnosed with leukemia following decades of exposure toxic chemicals. The plaintiff claimed the company was in violation of FELA by not providing their employees with the necessary safety equipment and education.
The jury awarded the plaintiff $7.5 million in damages after finding his cancer was linked to his work on the Chicago & North Western Railroad. The man was exposed to a variety of toxic chemicals including benzene, creosote and degreasing solvents during his time working for the company.
FELA
Former railroad workers who are diagnosed with cancer as a result of toxic exposures at work may be eligible to claim compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation laws that provide victims with medical expenses and some loss of wages, FELA is a fault-based statute that requires evidence that the railroad's employer failed to protect its workers from the dangers of chemical exposures.
Railroad companies often fight FELA claims involving occupational illnesses. Defense lawyers often argue that the former employee is unable to pinpoint specific instances of unhealthy conditions. They also point out the absence of test results from an official laboratory that show the presence of toxic substances or carcinogens in the equipment or components manufactured and used by the railway company.
In the event of a successful FELA claim, the victim's family members can be compensated for their past and future suffering and pain as well as loss of enjoyment of life, mental stress, and other damages. If the victim dies due to the accident, the family can file a wrongful-death claim to recover the compensation.
We work with FELA attorneys to help railroad employees injured receive the financial assistance they need. Contact us to schedule an appointment for a free case assessment. We represent railroad workers throughout the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.