FELA and Railroad Lawsuits
Railroad workers who are exposed to harmful chemicals such as diesel exhaust benzene, coal fumes or asbestos are at risk of developing a serious illness including cancer. A successful FELA case could award damages to compensate for medical costs, loss of income and suffering and pain.
A railroad worker who developed leukemia was recently awarded $7.5 million from Union Pacific. This is just one instance of the justice system standing up for victims.
Benzene
Railroad workers are often exposed to chemical solvents, as well as other hazardous materials, including benzene. Benzene, a highly-evaporative liquid can be absorbed through the skin or inhaled. It has been linked to a number of medical ailments, including blood cancers, cancers of the blood like leukemia and lymphoma, as well as bone marrow diseases. It is also a cancer-causing substance and a component in coal tar creosote, which is used to shield railroad tie from sunlight, heat and rain.
One former rail worker claimed that his exposure to benzene while working with coal tar creosote railroad ties caused Myelodysplastic Syndrome (MDS), which progressed into Acute Myeloid Leukemia. A jury handed the man $7.5 million in September of last year.
Anyone diagnosed with cancer or other chronic illnesses resulting from daily exposure to benzene, asbestos, radioactive substances and other harmful chemicals are entitled to submit a claim for compensation under FELA. Depending on the type of cancer or illness the time limit for filing a claim may vary, so it is essential to speak with a skilled lawyer as soon as you can.
Shaw Cowart's railroad attorneys can help you determine if your case qualifies 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 employees face every day.
Asbestos
Our attorneys have represented railroad workers who were diagnosed with lung cancer and other illnesses due to asbestos exposure. They frequently worked in areas such as repair shops, engine rooms and yards and on rail cars that had been damaged or track equipment that had asbestos insulation that was deteriorating. This type of asbestos can be extremely hazardous, as when it degrades, tiny fibers are released into the air. These fibers are inhaled by railroad workers and can cause mesothelioma as well as other asbestos-related health issues such as lung cancer asbestosis, pleural plaque and fibrosis.
Railroad workers are at risk of developing lung diseases due to diesel exhaust, silica sand, and welding fumes. These fumes can cause harm to the lungs, kidneys and the gastrointestinal tract. These injuries can be identified years after the first exposure and can cause a variety serious and debilitating diseases.
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 employee of the railroad who died of mesothelioma. railroad lawsuit awarded damages for his suffering and pain, loss of companionship, future medical expenses and other expenses. This case illustrates the importance of working closely with an experienced attorney who can quickly determine if a FELA claim is legitimate.
Radioactive Substances
People who are exposed to radioactive substances can develop cancers or other serious diseases. These substances are typically hidden in the materials railroads use to clean track and other rail yards. They are often difficult to detect unless the railroad company is screening them for alpha or gamma radiation. If a railway worker is diagnosed with cancer or another illness that was caused by exposure to carcinogenic chemicals on the job, they can submit a FELA claim and receive compensation from their former employer.
Research has proven that railway workers are more likely to develop a variety of cancers than other people. This is due to the fact that they are constantly exposed to chemicals that can lead to lung cancer, including asbestos dust, Sand dust (silica), welding fumes, diesel fumes, and creosote.
A lawyer for railroads should be consulted as quickly as possible by railroad workers who have been diagnosed as having cancer as a result of exposure to radiation while working. They can help them determine if there is a claim against the former employer and pursue the appropriate lawsuits, that are based on FELA. These claims can include reimbursement for medical expenses, loss of income, as well as pain and discomfort. They may also be compensated for the loss of a loved in the event of wrongful death. A skilled railroad lawyer can help victims receive the full amount of compensation they are entitled to under FELA.
FELA
Railroad workers such as engineers, conductors and train crew members often work in hazardous environments which can cause lung damage without even realizing it. If a former railroad worker has developed an illness like lung cancer or another condition that could have been related to their work, they may be able to seek compensation under the Federal Employers Liability Act (FELA).
As opposed to workers' compensation claims, FELA allows injured railroad employees as well as the families of deceased employees to pursue claims for damages, including past and future emotional suffering and medical expenses. An attorney knowledgeable of FELA regulations can tell you the options available to.
To prevail in a FELA lawsuit, you'll need to prove that your employer acted negligently in a way. It could be a matter of breaking a law or rule and not observing the standard of reasonable care, and so on. A competent FELA lawyer could review your case to determine whether negligence on the part of the railroad was a factor in the triggering of your condition.
Several different types of lung diseases and illnesses could be linked to railroad exposures. If you were exposed during your career as a railroad worker to diesel exhaust or other toxic substances like asbestos, creosote, or creosote, a mesothelioma lawyer could assist you in filing an action for compensation under the FELA. The FELA cases handled by Hughes Law Offices in the past have led to a variety of settlements and verdicts.