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've been diagnosed with cancer and believe your exposure to these chemicals at work contributed to it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact an experienced railroad lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
Benzene, a colorless and toxic gas can cause cancer when exposed to it for long periods of time. It is created in the environment, as well as through the release of gas and tobacco smoke. Skin can also absorb benzene. A railroad worker who develops cancer due to exposure to benzene could be eligible for compensation in the form of monetary payments from their employer.
In one instance the widow of a railroad worker who died was awarded $1,000,000 by the company that employed her husband. The deceased husband was a pumpman on different tankers during the 1970s and 1980s. He was frequently exposed to benzene, a toxic chemical. His wife filed a lawsuit for the wrongful death of the vessel owner after he passed away in the year 1995 from acute myeloid lymphoma.
Acute myeloid leukemia is an aggressive type of cancer that can cause death in a few months if not treated promptly. The majority of cases, it is treated with chemotherapy. However, in a few cases, targeted therapy or radiation can be utilized.
We obtained defense verdicts in 2 cases where plaintiffs claimed brain injury from exposure to solvents during their 23-year railroad career. The defense presented 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
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 including polycyclic hydrocarbons (PAHs). Creosote's PAHs are absorption through the skin and can be inhaled through drinking water that is contaminated by the chemical. PAHs can be absorbed into lungs, where they could cause lung cancer.
Creosote inhalation can cause many symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and fourth degree burns to the skin. Coal tar creosote contains numerous PAH compounds, including naphthalene, acenaphthene, fluorene, and phenanthrene each of which is carcinogenic.
union pacific railroad lawsuits can be detrimental to the health of workers and their families. For example, some workers have developed basal cell tumors papular that are common skin cancers that may spread to other parts of the body. Some workers have also suffered from chronic lung disease as well as liver and esophageal fibrosis and chronic bronchitis.
A lot of times, the railroad industry isn't able to adequately inform employees on the dangers of prolonged exposure to toxic substances. For instance, it's not uncommon for railroad employees to abandon diesel-powered locomotives, forklifts and cranes in operation while they work. These engines produce large amounts of diesel exhaust, which is ingested and breathed in through the lung. They also soak rags with benzene solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who are diagnosed with cancer or another chronic illness resulting from 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 lawyer could help workers pursue claims under the Federal Employers Liability Act (FELA) for damages in the form of money.
Many illnesses that are triggered by exposure to carcinogenic substances such as diesel fumes, asbestos and silica do not show up until a person is older. In most cases, the statutes of limitations only last three years following the first diagnosis. This is why it is important that anyone who is a potential victim contact an experienced attorney for railroad accidents immediately when they are diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railway employee who was diagnosed with leukemia after years of exposure toxic chemicals. The plaintiff alleged that the company violated FELA in failing to provide their employees with the necessary safety equipment and education.
The jury gave the plaintiff $7.5 million in damages after finding the cause of his cancer was directly connected to his work on the Chicago & North Western Railroad. The man was exposed toxic chemicals like benzene creosote, as well as degreasing solvents while working for the company.
FELA
Former railroad workers who have been diagnosed with cancer because of toxic exposures at work may be in a position to claim compensation under the Federal Employers Liability Act (FELA). Unlike workers' comp statutes which cover medical expenses as well as lost wages to the victims, FELA is a statute based on fault and requires proof of the railroad employer not taking steps to protect its employees from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims involving occupational illness. Defense lawyers often claim that the former employee isn't able to pinpoint specific instances of health issues. They also point out the lack of test results from an official laboratory that show the presence of toxins or carcinogens in equipment or parts manufactured and used by the railway company.
A successful FELA claim is compensated for past and future physical suffering and pain in addition to loss of enjoyment life, psychological distress, and other damages. If the victim is killed in the process of the incident, the family may bring a wrongful-death lawsuit to claim compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to help injured railroad workers get the financial support they need. 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 others.