A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers typically have long-term exposure to carcinogenic chemicals and substances such as creosote or benzene as well as asbestos. If you have been diagnosed with cancer and believe your exposure to these chemicals at work contributed to it, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more information, contact an acute myeloid lawsuit railroad lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas, can cause cancer if exposed to for a long time. It is created in the environment, as well as from the combustion of gas and tobacco smoke. The skin is also able to absorb the benzene. A railway worker who has been diagnosed with cancer as a result of exposure to benzene could be able to sue their employer for compensation.
In one instance a railroad employee who died widow was awarded damages of $1,500,000 from the company which employed him. Her husband was a pumpman for various tankers throughout the 1970s and 80s. He was exposed to toxic benzene. His wife filed a suit for the wrongful death of the vessel's owner after he died in 1995 of acute myeloid lymphoma.
Acute myeloid cancer is a type of cancer that can spread quickly and could be fatal within the first few months after diagnosis if not treated. Most commonly, it is treated with chemotherapy. However, in certain cases, targeted therapy or radiation might be employed.
We obtained defense verdicts in 2 cases, where plaintiffs claimed that they suffered brain damage due to exposure to solvents throughout their 23-year railroad career. The defense provided experts' testimony on medical causation, industrial hygiene, and the jury found that the workplace of the railroad was fairly safe.
Creosote Exposure
Coal tar creosote is a mixture of hundreds of chemicals that are used to protect wood, like railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote can be absorbed through the surface of the skin or inhaled by drinking water that is affected by this chemical. PAHs can also be absorbed into the lungs, and could cause lung cancer.
Inhalation of creosote may cause many symptoms, such as respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns of the second and third degree. The coal tar creosote chemical is a mixture of PAH compounds, including naphthalene as well as other carcinogenic substances like acenaphthene.
Creosote can affect the health of employees and their families. For instance, some workers have developed basal cell tumors papular that are common skin cancers that can spread to other parts of the body. Others have been affected by chronic lung disease, esophageal and liver fibrosis and chronic bronchitis.
In Multiple myeloma lawsuit , the railroad industry isn't able communicate effectively with employees about the dangers of long term exposure to toxic substances. For instance, it is not uncommon for railroad workers to abandon diesel-powered locomotives, forklifts and cranes running while they work. The engines generate a lot of exhaust from diesel engines, which is ingested and breathed in through the lungs. They also soak rags in solvents that contain benzene for cleaning equipment and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or another chronic illness as a result of exposure to toxic chemicals such as creosote and benzene might be entitled to compensation for their medical expenses and other losses. Multiple myeloma lawsuit can assist workers in pursuing claims for financial damages under the Federal Employers Liability Act, or FELA.
Many illnesses that are triggered by occupational exposure to carcinogenic substances like diesel fumes asbestos and silica, do not show up until a person is older. Thus, the statute of limitations generally only lasts for three years from the time an individual is first diagnosed with the illness. It is therefore crucial that victims get in touch with an attorney for railroad accidents immediately after being diagnosed.
In a recent case, 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 toxic chemicals. Lymphoma lawsuit claimed that the company had violated FELA by failing to train their employees and provide employees with the correct safety equipment.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
FELA
Former railroad workers who have been diagnosed with cancer because of exposure to toxic substances at work might be able to file a claim for compensation under the Federal Employers Liability Act (FELA). Contrary to workers' compensation statutes which offer victims medical expenses and some lost wages, FELA is a fault-based law that requires evidence that the railroad's employer did not protect its employees from the dangers of chemical exposures.
Railroad companies typically fight FELA lawsuits involving occupational diseases. Defense attorneys often argue that the former employee is unable to identify specific instances of unhealthy conditions. They also point out the lack of test results from an official laboratory that show the presence of toxic substances or carcinogens found in equipment or parts manufactured and used by the railway company.
A successful FELA claim is the compensation for future and past physical pain and suffering as well as loss of enjoyment of life, psychological distress and other damages. If the victim dies due to their injuries or other causes, a wrongful-death claim could be filed to collect compensation for the deceased person's family members.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers get the financial assistance they require. Contact us today to arrange an evaluation of your case at no cost. We represent railroad workers across the country, including New York City, Boston and Hartford, St. Louis and Denver among others.