A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to substances and chemicals that can cause cancer, such as asbestos and benzene. If you think that exposure to these chemicals while working led to your cancer, you could be entitled to compensation.
The FELA law allows railroad employees to sue their employers for negligence. For more details, contact a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer when exposed to it for a prolonged period. It is produced naturally in the environment, as well as through gas emissions and smoking tobacco. The skin is also able to absorb benzene. A railway worker who has developed cancer because of exposure to benzene could be eligible to file a claim against their employer for compensation.
In one case, the widow of a railroad worker who passed away was awarded $1,500,000 by the company which employed her husband. The deceased husband was a pumpman on different tankers throughout the 1970s and 80s. He was frequently exposed to benzene's toxic fumes. His wife filed a lawsuit for unjustified death against the vessel's owner after he passed away in the year 1995 from acute myeloid lymphoma.
Acute myeloid cancer 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 a few cases, targeted therapies and radiation may be used.
We obtained defense verdicts in 2 cases where plaintiffs claimed they suffered brain injury due to exposure to solvents during their 23-year railroad career. The defense presented expert testimony by a medical expert regarding causation, industrial hygiene and the jury found that the railway workplace was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals used to preserve wood, including railroad ties. It contains a number of carcinogens which are well-known such as polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are taken up through the surface of the skin, or ingested by drinking water that has been polluted with this chemical. PAHs are also absorbed through the lungs, where they could cause lung cancer.
Creosote inhalation may trigger a variety symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can cause skin burns that are of the second and third degree. Coal tar creosote contains numerous PAH compounds which include acenaphthene, naphthalene and fluorene. Phenanthrene is also a component each of which is carcinogenic.
Creosote exposure can impact the health of the workers and their families and families. For Leukemia lawsuit , certain workers have developed papular basal cell carcinomas that are common skin cancers that can spread to other parts of the body. Some workers have also suffered from chronic lung disease the liver fibrosis, esophageal, and esophage, and chronic bronchitis.
In many cases, the railroad industry isn't able communicate effectively with employees about the dangers of a long-term exposure to toxic substances. For instance, it's not uncommon for railroad workers to leave diesel-powered locomotives, forklifts and cranes running during their work. Diesel exhaust from these engines could be inhaled or ingested. They also dip rags into solvents that contain benzene to clean machinery and tools.
Worker's Compensation
Railroad workers who develop cancer or develop another chronic disease because of exposure to harmful chemicals like benzene and Creosote could be entitled to compensation for medical expenses and other expenses. A New York railroad cancer lawyer can help claimants pursue claims under the Federal Employers Liability Act (FELA) for financial damages.
Many of the ailments that result from exposure to carcinogenic substances in the workplace such as diesel fumes, asbestos and silica don't appear until a person is older. Thus the statute of limitations generally only lasts for three years from the point a person is first diagnosed with the disease. This is why it is vital to contact an experienced lawyer for railroad injuries immediately after they are diagnosed.
In a recent case Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff alleged that the company had violated FELA by failing to train their employees and provide them with the proper safety equipment.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals such as creosote, benzene and other degreasing agents.
FELA
When a former railroad worker is diagnosed with cancer resulting from toxic exposures on the job, they may make a claim under the Federal Employers Liability Act, or FELA. Contrary to the statutes for workers' compensation which cover medical expenses as well as lost wages to victims, FELA is a statute based on fault, which requires proof that the railroad employer is not adequately protecting its workers from the dangers that come with chemical exposures.
Railroad companies are often involved in FELA lawsuits that involve occupational diseases. Their defense attorneys commonly argue that the ill former employee isn't able to identify specific instances of unhealthy exposures. They also point to the absence of test results from an official laboratory that show the presence of toxins or carcinogens in equipment or parts made and used by the railway company.
In the event of a successful FELA claim family members of the victim are entitled to compensation for their past and future suffering and pain, loss in enjoyment of life, mental distress, and other damages. If the victim dies due to their injuries, a wrongful death claim may be pursued to recover compensation for the deceased's family members.
We work with FELA attorneys to assist injured railroad employees obtain the financial assistance they need. Contact us for an evaluation of your case at no cost. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver among others.