A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers frequently have prolonged exposure to carcinogenic chemical and substances such as creosote, benzene, and asbestos. If you think that exposure to these chemicals while working caused cancer, you may be entitled compensation.
cancer lawsuits allows railroad employees to sue their employers for negligence. Contact a dedicated railroad lawsuit acute myeloid leukemia lawyer for more information.
Benzene Exposure
Benzene, a colorless and toxic gas is a cancer-causing gas when exposed to it for a prolonged period. It is naturally produced in the environment, and also through gas emissions and smoking tobacco. Skin can also absorb the benzene. A railroad worker who has suffered from cancer as a result of exposure to benzene might be able to file a claim against their employer for monetary compensation.
In one instance the widow of a railroad employee who died was awarded $1,500,000 by the company which employed her husband. Her husband was a pumpman on different tankers in the 1970s and 80s. He was frequently exposed to toxic benzene. His wife filed a suit for unjustified death against the vessel's owner following his passed away in 1995 from acute myeloid lymphoma.
Acute myeloid leukemia is an aggressive cancer that could be fatal in just several months if it is not treated immediately. The majority of patients are treated with chemotherapy, however in certain cases radiation or targeted therapy are also possible.
We secured defense verdicts in two cases, where plaintiffs claimed that they suffered brain damage due to exposure to solvents throughout their 23-year journey on rail. The defense provided expert testimony on medical causation as well as industrial hygiene, and the jury found that the work environment of the railroad was reasonably safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals used to preserve wood, such as railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote are absorbent through the surface the skin or ingested by drinking water that has been contaminated with this chemical. PAHs can also be absorbed into the lungs where they may cause lung cancer.
Inhalation exposure to creosote can cause a range of symptoms like respiratory irritation, eye problems and nausea and vomiting. It can cause third and second degree burns to the skin. Coal tar creosote has a variety of PAH compounds, including naphthalene, acenaphthene fluorene, phenanthrene, and fluorene, all of which are carcinogenic.
Creosote can be detrimental to the health of employees as well as their families. For instance, some employees have developed basal cell tumors papular which are common skin cancers that can spread to other parts of the body. Others have suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
The railroad industry doesn't often communicate effectively with its employees about the dangers associated with exposure to long-term toxic substances. For instance, it is not uncommon for railroad employees to leave diesel-powered locomotives, forklifts and cranes in operation during their work. union pacific railroad lawsuit from these engines could be inhaled and eaten. They also dunk rags in solvents containing benzene to clean machines and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness as a result of exposure to toxic chemicals such as benzene and creosote 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 that are triggered by exposure to carcinogenic substances in the workplace, such as asbestos and diesel fumes, don't manifest until a worker reaches an older age. In the majority of cases, time limit for a statute of limitations is three years after the first diagnosis. Therefore, it is crucial that potential victims contact a railroad injury lawyer as quickly as possible after being diagnosed.
In a recent case, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by a former railroad employee who had been diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA for failing to provide their employees with the proper safety equipment and training.
The jury awarded the plaintiff $7.5 million in damages, after determining that his cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to a variety of toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
FELA
Former railroad workers who are diagnosed with cancer as a result of exposure to toxic chemicals at work could be able to claim compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which cover medical expenses as well as lost wages to the victims, FELA is a statute based on fault that requires proof of the railroad employer not protecting their employees from the dangers that come with chemical exposures.
Railroad companies are often involved in fighting FELA claims that involve occupational diseases. Defense attorneys often claim that the former employee is unable to identify specific instances of health issues. union pacific railroad lawsuit of official tests showing the presence or carcinogens or chemicals in the parts or equipment employed by railways.
A successful FELA claim is compensated for past and future physical suffering and pain and loss of enjoyment life, psychological suffering, and other damages. If the victim dies as a result of their injuries and/or injuries, a wrongful demise claim can be pursued to seek compensation for the deceased's family members.
At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to help injured railroad workers get the financial help they require. Contact us today for a no-cost consultation. We represent railroad workers across the United States including New York City, Boston and Hartford, St. Louis and Denver among others.