FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past and retired railroad workers the right to sue their employer if they suffer from cancer or another chronic illness through exposure to benzene, creosote, carcinogens, and diesel fumes. Contact us today for a no-cost consultation with a skilled railroad lawyer.
FELA Lawsuits
Railroads transport goods or services as well as people across the country each day. It requires a lot of railroad workers to run and manage these huge systems. Despite advances in technology, the job of a railroad employee is extremely dangerous. That's why the Federal Employers Liability Act (FELA) was passed to protect railroad workers injured.
Unlike workers' compensation, which is a no-fault insurance system claimants under FELA must prove that their railroad's employer was negligent in order to be eligible for payment. Generally, this is achieved by proving that the railroad's actions violated a federal norm, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is more straightforward to prove negligence than other personal injury lawsuits. This is due to the pure comparative fault criterion that allows plaintiffs to claim damages regardless of the fact that they contributed to their injuries.
Shaw Cowart's attorneys have extensive experience in FELA claims and are able to investigate evidence in these cases. It is essential to engage a lawyer as soon as you can following your injury because the time frame for filing an FELA claim is a short time. This allows us to gather statements, documents, records and other evidence before it disappears. Contact us today to arrange a consultation with an attorney who handles railroad litigation.
Exposure to Carcinogens
Railroad workers are at danger of contracting many of diseases from exposure to toxic chemicals and toxins while working. For a long time, railroad workers have been exposed to diesel fumes, welding fumes, asbestos, lead silica, creosote and other. These chemicals can cause cancer and other illnesses among railroad employees. If a current or former railroad employee develops an illness that is directly related to the chemicals they were exposed to on the job they could be able to make a FELA lawsuit.
Numerous studies have demonstrated that railroad employees tend to suffer from a higher rate of cancer than people in other occupations. Some of the most common cancers for railroad workers are lung, esophageal, and throat cancers as well as basal-cell carcinomas of the head and neck.
Benzene is one of the most common carcinogens to which railroad workers are exposed. The smell of benzene is sweet and is an odorless, colorless gas. It was banned in the United States more than 20 years ago but is still present in gasoline, crude oil and diesel exhaust. It is also a component of some degreasers and solvents. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew died from leukemia. The lawsuit alleges that the railroad and the city have contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived only a couple blocks away from the rail yard as well as the creosote treatment facility.
Cancer The Symptoms
Railroad transportation is crucial to the American economy. The railroads in America transport 30 million passengers each year, and 1.6 billion tonnes of freight. This includes lumber, food, crude grain, oil as in addition to vehicles chemical, metal ore and. A FELA injury lawyer can assist you in filing a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence caused his basal cell cancer, which is a type of skin cancer. He claims that his exposure sun radiation and creosote-coated railroad ties in the years 1968 through 2009 led to the condition. He also claims that he was not provided with the appropriate safety equipment to protect him from his workplace hazards.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on the Union Pacific track yard. The Houston resident said she first noticed the lump in her breast in the year 2016. The mass was later discovered to be malignant when doctors removed it. The cancer has been able to spread to her lymph nodes, lungs the esophagus and liver.
The Houston mayor has contacted the Biden administration to seek penalties and orders for the cleanup of the Union Pacific site in his city. The site was used up to the 1980s to store railroad ties made of wood which were treated with creosote, which is a chemical blend of coal tar and other poisonous chemicals. A study released in January by Texas health officials linked the area to clusters of acute myeloidleukemia, lung, bladder, colon and rectal cancers, as also the rheumatoid joint.
The symptoms of other illnesses
Railroad workers face a myriad of health risks, especially those who are exposed to chemicals on a daily basis. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer violates the law. Chaffin Luhana is dedicated to helping these victims receive the maximum amount of compensation they are entitled to.
According to research, workers in the railroad industry are more at risk of developing cancer. Whether the workers are inside locomotives or working in yards, they are frequently exposed to harmful chemicals. For example an investigation has shown that railroad workers exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical that has been linked to cancer among railroad workers is benzene which is present in many solvents and degreasers employed by rail companies. lawsuits against union pacific railroad is also present in diesel exhaust and has been proven to cause non Hodgkin lymphoma in railway workers.
In September the month of September, a jury voted $7.5 million to a railroad employee who was diagnosed with leukemia. The plaintiff worked for Chicago and North Western Railroad as well as the Union Pacific Railroad Company, for a long time. He claimed he was working without protective equipment when putting in railroad tieways that were soaked with creosote. He also claimed to have been exposed to degreasing and lead-based agents. He was diagnosed with myelodysplastic syndrome (MDS) which later progressed to acute myeloid leukemia.