A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, like asbestos and benzene. If you think that exposure to these chemicals while working caused cancer, you could be entitled compensation.
The FELA law allows railroad employees to sue their employers for negligence. Contact Leukemia lawsuit for more information.
Benzene Exposure
Benzene is a colorless and poisonous gas that can cause cancer in those who are exposed for prolonged periods of time. It is created in the environment, as well as from the combustion of gas and tobacco smoke. The skin also absorbs benzene. A railroad worker who has developed cancer due to exposure to benzene may be able to receive monetary compensation from their employer.
In one instance, the widow of a railroad employee who died was awarded $1,000,000 by the company that employed her husband. The late husband worked as pumpman on a variety of tankers during the 1970s and 1980s and was exposed to benzene. His wife filed a claim 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 form of cancer that is rapidly spreading and can be fatal within several months after diagnosis if not treated. The majority of cases, it is treated by chemotherapy. However, in certain cases, targeted therapy or radiation can be utilized.
Bladder cancer lawsuit obtained defense verdicts in 2 cases where plaintiffs claimed brain injury from exposure to solvents over their 23-year career on the railroad. The defense provided expert witness testimony on medical causality, industrial hygiene and the jury concluded that the railroad workplace was relatively safe.
Creosote Exposure
It is a mixture made up of hundreds of chemicals used to preserve wood such as railroad ties. It is made up of a variety of carcinogens which are well-known that include polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote are absorbed through the surface of the skin or ingested through drinking water that has been polluted with this chemical. PAHs can be absorbed into lung where they can cause lung cancer.
Creosote inhalation may trigger several symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can cause skin burns that are of the third and second degrees. The coal tar creosote is a mixture of PAH compounds including naphthalene and other carcinogenic compounds, such as acenaphthene.
Exposure to creosote can affect the health of family members and employees and families. For instance, some employees have developed basal cell cancers of the papular type which are typical occupational skin cancers that can spread to other areas of the body. Some workers have also suffered from chronic lung disease as well as liver and esophageal fibrosis and chronic bronchitis.
Often, the railroad industry isn't able communicate effectively with employees about the dangers of long term exposure to toxic substances. For instance, it's not unusual for railroad workers to leave diesel-powered locomotives, forklifts, and cranes running during their work. They produce large quantities of diesel exhaust, which can be inhaled and ingested through the lung. They also soak rags with benzene solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or another chronic illness due to exposure to toxic chemicals like creosote and benzene might be entitled to compensation for medical expenses and other losses. A New York railroad cancer attorney can assist workers in pursuing claims for damages in the form of money under the Federal Employers Liability Act, or FELA.
Many health issues resulting from exposure to carcinogenic substances in the workplace like diesel fumes, asbestos and silica do not manifest themselves until a worker is older. Therefore the statute of limitation typically only lasts for three years from when an individual is first diagnosed with the disease. This is why it is essential that any potential victims contact an experienced lawyer for railroad injuries within the first few days when they are diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway worker who was diagnosed with leukemia after decades of exposure to toxic chemicals. The plaintiff alleged that the company was in violation of FELA for failing to provide their employees with the necessary safety equipment and education.
The jury gave the plaintiff damages of $7.5 million after finding that the cancer was directly connected to his work at the Chicago & North Western Railroad. cancer lawsuit was exposed toxic chemicals, including benzene creosote, and degreasing solvents when working for the company.
Bladder cancer lawsuit
If a former railroad employee is diagnosed with cancer resulting from exposure to toxic chemicals at work, they may file a claim under the Federal Employers Liability Act, or FELA. Unlike workers' comp statutes that cover medical expenses and loss of wages to the victim, FELA is a statute based on fault that requires proof that the railroad employer is failing to protect their workers from the dangers posed by exposure to chemicals.
Railroad companies often fight FELA lawsuits involving occupational illnesses. Their defense attorneys commonly argue that the former employee is unable identify specific instances of exposures that are harmful. They also point out the lack of official tests that show the presence of carcinogens, or toxins in equipment or parts employed by the railway.
In the event of a successful FELA claim the family members of the victim may be compensated for past and future suffering and pain as well as loss of enjoyment of life, mental distress, and other damages. If the victim dies due to the accident or a result of the accident, the family is able to make a claim for wrongful death to receive compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to help injured railroad workers receive the financial help they require. Contact us for a free consultation. We represent railroad workers across the country including New York City, Boston and Hartford, St. Louis and Denver, among other cities.