FELA and Railroad Lawsuits
Workers who are exposed to toxic chemicals, such as diesel exhaust, coal fumes or asbestos can suffer from serious illnesses such as cancer. A successful FELA claim can be awarded damages to cover medical expenses, loss of income pain and suffering, among other things.
A railroad worker who contracted leukemia has been awarded $7.5 million from Union Pacific. This is only one example of the justice system standing up for the victims.
Benzene
Railroad workers are often exposed to chemical solvents and other hazardous substances, like benzene. It is a highly evaporative liquid which can be absorbed via the skin or inhaled. It has been linked to various medical conditions, including cancer blood-related cancers, such as Lymphoma and Leukemia, and bone-marrow diseases. It can also be a cancer-causing agent and a component in coal tar creosote that is used to shield railroad tie from sunlight, heat and rain.
A former railroad worker claimed his exposure to benzene while working with coal tar creosote railroad ties triggered Myelodysplastic Syndrome (MDS), that progressed to Acute Myeloid Leukemia. A jury awarded the man $7.5 million in September last year.
People who have been diagnosed with cancer or other chronic illnesses because of their exposure to benzene asbestos radioactive substances and other toxic chemicals, have the right to claim compensation under FELA. Depending on the kind of cancer or illness the time limit for filing a claim could differ, so it is important to consult with a knowledgeable lawyer as soon as you can.
A railroad lawyer at Shaw Cowart can help you determine if your case is eligible for a FELA claim. We offer no-cost consultations, and we are familiar with FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who were diagnosed with lung cancer or other health conditions due to asbestos exposure. They worked in places like repair shops, engine room and yards, or on track equipment or derailed rail cars with asbestos insulation. This type of asbestos could be extremely dangerous, as when it is degraded, tiny fibers are released into the air. The fibers are breathed in by railroad workers and could cause mesothelioma, lung cancer asbestosis, and pleural plaque.
In addition to asbestos, railroad workers are also at high risk for developing lung diseases from diesel exhaust as well as exposure to other workplace toxins, such as solvents, welding fumes and silica sand. These fumes can cause harm to the lungs, kidneys and gastrointestinal tract. These injuries are often identified many years after an employee's initial exposure, and can lead to several grave and debilitating health conditions.
Recent cases against Conrail shows the dangers that come with this type of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail in respect of an ex-railway worker who died of mesothelioma. The jury awarded damages for his suffering and pain, as well as loss of companionship, future medical expenses and other expenses. This case highlights the importance to work with an experienced attorney who can quickly evaluate whether an FELA claim is warranted.
Radioactive Substances
Railroad workers exposed to radioactive substances are at risk for developing certain types of cancers and other serious diseases. These substances are often hidden in the materials used by railroads to clean tracks and other rail yards. They are often difficult to identify unless a railroad company is actively testing them for alpha and the gamma radiation. When a railroad worker is diagnosed with cancer or a different illness due to exposure to carcinogenic substances on their job, they can submit an FELA claim and receive compensation from their former employer.
Railroad workers are more prone than others to develop cancer. This is due to being constantly exposed to toxic substances that can cause lung cancer, such as asbestos dust, Sand dust (silica) as well as welding fumes, diesel fumes and creosote.
A railroad lawyer is recommended to be consulted as soon as possible by railroad workers who have been diagnosed with cancer due to exposure on the job. They can help them determine if they have a claim against their former employers and submit the appropriate lawsuits under FELA. class action lawsuit against norfolk southern railroad may include reimbursement for medical expenses, loss of income, discomfort and pain. They also can compensate for the loss of a loved one through the case of wrongful death. A skilled railroad attorney can assist victims receive the full amount of compensation they are entitled to under FELA.
FELA
Railroad workers such as engineers, conductors and other members of the train crew are often exposed to hazardous conditions that can damage lungs without realizing it. Former railroad workers who developed lung cancer or other ailments that could be caused by their job can seek compensation under Federal Employers Liability (FELA).
Contrary to claims for workers' compensation, FELA allows injured railroad employees and families of deceased employees to sue for damages including past and future emotional and medical expenses. A lawyer who is familiar with rules under FELA will be able to explain your options for filing.
To prevail in a FELA lawsuit, you will have to prove that your employer acted in a negligent way. It could be a matter of breaking a law or rule or failing to meet an acceptable standard of care, and many more. A FELA lawyer can evaluate your case and determine whether railroad negligence was a factor in your illness.
Railroad exposure can trigger a variety of lung diseases. If you were exposed during your railroad career to diesel exhaust or other toxins such as asbestos, creosote, or creosote, a mesothelioma lawyer can assist you in filing an action for compensation under the FELA. The FELA cases handled by Hughes Law Offices have led to a variety of verdicts and settlements.