A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to substances and chemicals that can cause cancer, like asbestos and benzene. If you've been diagnosed with cancer and believe your exposure to these chemicals at work caused it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more information, speak to a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
It is a colorless, toxic gas that can cause cancer to people who are exposed for prolonged durations. It is produced naturally in the environment, as well as through the combustion of gas and smoking tobacco. The skin can also absorb benzene. A railroad worker who has been diagnosed with cancer as a result of exposure to benzene may be eligible to file a claim against their employer for monetary compensation.
In one case, a deceased railroad employee's widow was awarded damages of $1,500,000 from the company that employed him. Her husband, who died in 1995, worked as pumpman on a variety of tankers in the 1970s and 1980s, and he was regularly exposed to benzene. After he died from acute myeloid leukemia in the year 1995 his wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloid tumor is a cancer that is rapidly spreading and can be fatal within several months after diagnosis if it is not treated. It is usually treated by chemotherapy. However, in a few cases, targeted therapies and radiation may be used.
We obtained defense verdicts in two cases, in which plaintiffs claimed brain injuries due to exposure to solvents during their 23-year rail career. The defense provided expert evidence on medical causation, as well as industrial hygiene, and the jury found that the railroad's workplace was fairly safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals that are used to protect wood, like railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs that are found in creosote are absorbent through the surface the skin or ingested through drinking water that has been polluted with this chemical. PAHs also get absorbed by the lungs, where they may cause lung cancer.
Inhalation of creosote may cause several symptoms, such as eye irritation, respiratory irritation and nausea and vomiting. It can also 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 compounds, such as Acenaphthene.
Creosote exposure could affect the health of workers and their families as well. For Leukemia lawsuit , some workers have developed basal cell tumors papular which are typical occupational skin cancers that may spread to other parts of the body. Others have been affected by chronic esophageal ulcers, bronchitis and fibrosis of the lungs and liver.
The railroad industry often fails to communicate adequately with employees about the dangers of a long-term exposure to toxic substances. For instance, it is not uncommon for railroad employees to leave diesel-powered engines, forklifts and cranes on the road during their work. These engines produce large amounts of exhaust fumes, which is ingested and breathed in through the lungs. Leukemia lawsuit soak rags in benzene-based solvents to clean machines and tools.
Worker's Compensation
Railroad workers who develop cancer or other chronic diseases due to exposure toxic chemicals such as benzene or Creosote could be entitled to compensation for medical expenses and other expenses. 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 like asbestos and diesel fumes, are not apparent until a worker reaches an older age. In the majority of cases, time limit for a statute of limitations is three years after a person's first diagnosis. This is why it is vital that any potential victims contact an experienced attorney for railroad accidents within the first few days when they are diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway employee who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA by failing to train their employees and equip them with the proper safety equipment.
The jury awarded the plaintiff $7.5 million in damages after finding that the cause of his cancer was directly connected to his work on 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 resulting from exposure to toxic substances at work might be eligible to file a claim for compensation under the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation that provide medical expenses and lost wages to those suffering, FELA is a statute based on fault, which requires proof of the railroad employer not adequately protecting its workers from the dangers of exposure to chemicals.
Railroad companies are often involved in fighting FELA claims for occupational diseases. Defense lawyers usually argue that the former employee is unable to pinpoint specific instances of exposure to hazardous substances. They also point out the lack of official test results indicating the presence of toxins or carcinogens in the equipment or components manufactured and used by the railway company.
If you win a FELA claim family members of the victim can be compensated 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 the wrongful death claim can be pursued to collect compensation for the deceased person's family members.
We partner with FELA attorneys to help railroad employees injured get the financial help they need. Contact us today to arrange a free case evaluation. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver among others.