A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you think that exposure to these chemicals while working caused your cancer, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a specialist railroad lawsuit acute myeloidleukemia lawyer for more details.
Benzene Exposure
Benzene, a colorless and toxic gas is a cancer-causing gas when exposed to it for a prolonged period. It is produced by the environment as well as from the combustion of gas and tobacco smoke. The human body may also absorb benzene through the skin. A railroad worker who developed cancer as a result of exposure to benzene might be eligible for compensation in the form of monetary payments from their employer.
In one instance, the widow of a railroad employee who died was awarded $1,500,000 by the company which employed her husband. Her late husband worked as a pump man on various tankers during the 1970s and 80s, and was exposed to benzene. His wife filed a lawsuit for the wrongful death of the vessel's owner following his passed away in the year 1995 from acute myeloid lymphoma.
Acute myeloid tumor is a cancer that can spread quickly and could be fatal within several months after diagnosis if it is not treated. The majority of the time, it is treated by chemotherapy. However, in certain instances, targeted therapy and radiation might be employed.
We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed injuries to their brains caused by solvent exposure over their 23 years on the railways. Bladder cancer lawsuit provided expert evidence on medical causation and industrial hygiene and the jury determined that the work environment of the railroad was fairly safe.
Creosote Exposure
Coal tar creosote is a mixture of hundreds of chemicals that are used to preserve wood, like railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs in creosote can be in the skin and may be ingested by drinking water that is contaminated by the chemical. PAHs can also be absorbed into the lung where they can cause lung cancer.
Inhalation exposure to creosote can lead to a variety of symptoms, including irritation to the respiratory tract, eye problems nausea and vomiting. It can cause skin burns in the third and second degrees. The coal tar creosote compound is a mixture of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds such as acenaphthene.
Creosote exposure can have a negative impact on the health of workers and their families. For instance, some workers have developed basal cell cancers of the papular type, which are common occupational skin cancers that may spread to other parts of the body. Others have suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
In many cases, the railroad industry isn't able to adequately inform employees about the dangers of a long-term exposure to toxic substances. It is not uncommon for railroad employees to leave diesel locomotives, cranes, or forklifts running while working. The engines generate a lot of exhaust from diesel engines, which can be ingested or inhaled through the lungs. They also immerse rags in benzene-containing solvents to clean equipment and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or a chronic illness because of exposure to toxic chemicals such as creosote or benzene may be entitled to compensation for their medical expenses and other damages. A New York railroad cancer attorney could help workers pursue claims for damages monetary under the Federal Employers Liability Act, or FELA.
Many diseases resulting from occupational exposures to carcinogenic substances, such as diesel fumes and asbestos, do not manifest until a person reaches a certain age. Thus the statute of limitations in the majority of cases is only for three years after someone is first diagnosed with the illness. This is why it is essential to contact an experienced railroad injury lawyer within the first few days when they are diagnosed.
In a case that was recently heard, Napoli Shkolnik PLLC successfully defended an action brought against our client by a former railway worker who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA by failing to properly train their employees and provide employees with the correct safety equipment.
The jury awarded the plaintiff $7.5 million in damages, after determining that his cancer was directly linked to his work on the Chicago & North Western Railroad. Leukemia lawsuit was exposed to various toxic chemicals like benzene creosote and degreasing solvents during his time working for the company.
FELA
Former railroad workers who have been diagnosed with cancer because of exposure to toxic substances at work could be eligible to claim compensation under the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation which cover medical expenses as well as lost wages to those suffering, FELA is a statute based on fault and requires proof that the railroad employer is not adequately protecting its workers from the dangers posed by chemical exposures.
cancer lawsuit fight FELA claims that involve occupational diseases. Defense attorneys often argue that the former employee is unable to identify specific instances of health issues. They also point out the lack of official test results that indicate the presence of toxins or carcinogens found in equipment or parts made and used by the railway company.
In a successful FELA claim, the victim's family members are entitled to compensation for their past and future suffering and pain as well as loss of enjoyment of life, mental distress, and other damages. If the victim dies due to their injuries, a wrongful death claim can be pursued to seek the compensation of the deceased's family members.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers obtain the financial support they need. Contact us for a free consultation. We represent railroad workers throughout the country, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.