FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, former railway workers, as well as retired workers the right to file a lawsuit against their employer if they suffer from cancer or suffer from another chronic illness from on-the-job exposure to benzene, creosote, diesel fumes and other carcinogens. Call for a free consultation with an experienced railroad attorney today.
FELA Lawsuits
Railroads transport goods as well as services and people throughout the country each day. It takes a significant number of railroad workers to run and manage these huge systems. Despite advances in technology the job of a railroad employee is extremely dangerous. Therefore, the Federal Employers Liability Act (FELA) was enacted in order to protect railroad workers who are injured.
In contrast to workers' comp that is a system of no-fault and no-fault, claimants must prove their railroad employer was negligent to get a payment under FELA. Usually, class action lawsuit against railroads is accomplished through showing that the railroad violated some federal norm, such as the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than other personal injury claims. This is due to the standard of comparative negligence which allows individuals to seek compensation regardless of whether their actions caused their injuries.
The lawyers at Shaw Cowart have extensive experience in FELA claims and are able to examine the evidence in these cases. Since the time frame for filing an FELA claim is limited so it is crucial to seek out an attorney as soon as possible after your injury. This gives us time to gather documents, statements and other evidence. Contact us today to arrange a one-on-one consultation with an attorney who has experience in railroad litigation today.
Exposure to carcinogens
Railroad workers are susceptible to contracting diseases as a result of exposure toxic chemicals. For a long time, railroad workers have been exposed to diesel fumes, asbestos, lead silica, creosote, and asbestos. These chemicals can cause cancer and other ailments among railroad employees. If a current or former railroad employee suffers from an illness directly related to the chemicals that they were exposed to at work They may be able to make an FELA suit.
Numerous studies have proven railroad workers to be more susceptible to developing cancer than other professions. Some of the most common types of cancers seen in railroad workers include throat, esophageal, and lung cancer as well as basal cell carcinomas that affect the head and neck.
One of the most frequent carcinogens that railroad workers are exposed to is benzene. The smell of benzene is sweet and is a colorless, odorless gas. It was banned in the United States more than 20 years ago but is still present in gasoline, crude oil and diesel exhaust. It is also a component of some degreasers and solvents. Latonya Paige is suing BNSF, the City of Houston and Texas after her nephew passed away from leukemia. The lawsuit claims that the railroad and the city affected her neighborhood by dumping toxic chemicals from the railroad's train yard. Giles lived two blocks away from the creosote-treatment facility and railyard.
Cancer The Symptoms
Railroad transportation is critical to the American economy. The railroads in America transport 30 million passengers per year and 1.6 billion tonnes of freight. This includes food, lumber and crude grain, oil as along with vehicles chemical, metal ore and. A FELA injury attorney could assist you in filing a claim against your employer.
For instance, a former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, which is a skin cancer. He claims that exposure to sunlight and creosote-coated railroad connections between 1968 and 2009 caused the condition. He also complains that the equipment he was provided with was not the correct safety equipment to shield himself from the hazards of his job.
Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on the Union Pacific track yard. Houston resident LaTonya Payne first noticed the lump on her breast in the year 2016. When doctors removed the mass they discovered it was malignant. The cancer has taken over her lymph nodes to her lungs, liver, and esophagus.
The Houston mayor has requested the Biden administration to seek penalties and orders for the cleanup of a Union Pacific site in his city. The site was used to store railroad tie made of wood treated with coal tar and other poisonous chemical mixtures until the 1980s. In a study published by Texas health officials in January, the region was linked to clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers and rheumatoid joint.
Signs of other illnesses
Railroad workers are at risk of serious health issues, especially those who are exposed to chemicals every day. The Federal Employers Liability Act allows railway workers to seek compensation in the event that their employer breaks the law. Chaffin Luhana is committed to ensuring that victims receive the full amount of compensation they deserve.
Studies have revealed that workers in the railway industry are more likely to develop various forms of cancer. Workers are exposed to harmful chemicals whether they work in locomotives or in yards. For example an investigation has shown that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical, Benzene, has been linked with cancer in railroad workers. It is present in a variety of solvents, degreasers and other products used in the railway industry. It is also found in diesel exhaust and is known to cause non Hodgkin lymphoma among railway workers.
In September, a jury awarded $7.5 million to a railroad worker who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and then Union Pacific Railroad Company for decades. He claimed that he did not wear protective equipment when putting in railroad ties soaked in creosote. He also claimed that he had been exposed to degreasing agents and led. He was suffering from myelodysplastic disorder (MDS) that eventually led to acute myeloid leukemia.