A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to substances and chemicals that can cause cancer, including asbestos and benzene. If you think that exposure to these substances while working led to your cancer, you could be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a specialist railroad lawsuit acute myeloidleukemia lawyer for more details.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer when exposed to it for a long time. It is created in the environment as well as by gas emissions and tobacco smoke. Skin can also absorb the benzene. A railroad worker who suffered from cancer as a result of exposure to benzene may be able to file a claim against their employer for compensation.
In one instance, the widow of a railroad worker who died was awarded $1,000,000 by the company which employed her husband. The deceased husband was a pumpman for various tankers during the 1970s and 80s. He was often exposed to benzene's toxic fumes. His wife filed a suit for wrongful death against the vessel owner after he died in 1995 from acute myeloid lymphoma.
Acute myeloid leukemia can be a cancer that is fast-moving and can be fatal in few months if treated promptly. The majority of cases, it is treated by chemotherapy. However, in a few cases, targeted therapy or radiation can be utilized.
We obtained defense verdicts in 2 cases, where plaintiffs claimed brain injuries due to solvent-induced exposure over their 23-year journey on rail. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury ruled that the railroad's work environment was reasonably safe.
Creosote Exposure
It is a mixture consisting of hundreds of chemicals that are used to preserve wood such as railroad ties. It contains a variety of carcinogens known to exist which include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are taken up through the surface of the skin or ingested by drinking water that is infected with this chemical. PAHs can be absorbed into lung where they can cause lung cancer.
Inhalation exposure to creosote can lead to a variety of symptoms like irritation to the respiratory tract, eye problems as well as nausea and vomiting. It can cause skin burns that are of the second and third degree. cancer lawsuits is made up of PAH compounds like naphthalene and other carcinogenic compounds like acenaphthene.
Creosote exposure can impact the health of workers and their families and families. For instance, certain workers have developed basal cell tumors papular, which are common occupational skin cancers that may spread to other parts of the body. Other sufferers have had chronic asthma, esophageal esophagus ulcers, and fibrosis of the liver and lungs.
Often, the railroad industry fails to communicate adequately with employees on the dangers of long term exposure to toxic substances. It is not unusual for railroad workers to leave cranes, diesel engines, or forklifts running while working. Diesel exhaust from these engines could be inhaled and ingested. They also dip rags into benzene-containing solvents to clean equipment and tools.
Worker's Compensation
Railroad workers who have been diagnosed with cancer or other chronic illness because of exposure to toxic chemicals such as creosote and benzene could be entitled to compensation for medical expenses and other losses. A New York railroad cancer attorney could assist in pursuing claims for financial damages 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 are not likely to appear until a person is older. In most cases, the statute of limitations is only three years following a person's first diagnosis. This is why it is important to contact an experienced lawyer for railroad injuries immediately after being diagnosed.
In a recent case Napoli Shkolnik PLLC successfully defended an action brought against our client by a former railway worker who was diagnosed with leukemia following years of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA by failing to train their employees and equip them with proper safety equipment.
cancer lawsuit awarded the plaintiff damages of $7.5 million after finding that the cancer was directly related to his work at the Chicago & North Western Railroad. Bladder cancer lawsuit was exposed to a variety of toxic chemicals like benzene creosote and degreasing solvents during his time working for the company.
FELA
Former railroad workers who have been diagnosed with cancer due to toxic exposures at work may be in a position to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation laws which offer victims medical expenses and a portion of lost wages, FELA is a fault-based law that requires proof that the railroad employer did not protect its employees from the dangers of chemical exposures.
Railroad companies often fight FELA claims involving occupational illnesses. Defense attorneys typically claim that the former employee isn't able to identify particular instances of ailment. They also point to the lack of official test results showing the presence of toxic substances or carcinogens in the equipment or parts made and used by the railway company.
If you win a FELA claim and a successful FELA claim, the family members of the victim may be compensated for past and future suffering and pain, loss in enjoyment of life, mental suffering, and other damages. If the victim is killed due to the incident then the family can make a claim for wrongful death to recover the compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to help injured railroad workers get the financial assistance 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.