FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) gives current, former and retired railroad workers the right to file a lawsuit against their employer if they suffer from cancer or other chronic illnesses due to exposure on the job to benzene, creosote, carcinogens such as diesel fumes. Contact us today for a no-cost consultation with a skilled railroad lawyer.
FELA Lawsuits
Railroads transport goods, services, and people throughout the country every day. It takes a large number of railroad workers to run and manage these massive systems. Despite advancements in technology, the work of a railroad worker is extremely dangerous. Therefore, the Federal Employers Liability Act (FELA) was enacted to safeguard railroad workers injured.
Unlike workers' compensation, which is a no-fault insurance system, those who claim under FELA must demonstrate that their railroad employer was negligent in order to receive compensation. Generally, this is achieved through showing that the railroad violated some federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
Negligence is typically easier to prove in FELA lawsuits than it is in other types of personal injury or workers comp cases. This is due to the pure comparative fault criterion which allows plaintiffs to claim damages even if they contributed to their injuries.
railroad controls limited lawsuit have extensive experience in FELA claims, and they know how to examine the evidence in these cases. It is essential to engage an attorney as early as possible after your injury since the time frame for filing an FELA claims is limited. This will allow us to collect statements of documents, papers, and other evidence before it disappears. Contact us today to arrange a consultation with an attorney for railroad litigation.
Exposure to Carcinogens
Railroad workers face the danger of contracting a range of illnesses as a result of exposure to toxic chemicals and toxins while on the job. Railroad employees have been exposed for decades to diesel fumes and welding fumes. They are also exposed to lead, asbestos, creosote, silica, and creosote. This is why these chemicals can cause cancer and other ailments among railroad employees. When a former or current railroad employee develops an illness that is directly attributed to the chemicals they were exposed to during their work, they may be eligible to start a FELA lawsuit.
Many studies have shown railroad workers to be more susceptible to developing cancer than other professions. The most frequent types of cancers that occur among railroad workers are lung, esophageal and throat cancers as well as basal cell carcinomas on the head and neck.
One of the most commonly used carcinogens that railroad workers are exposed is benzene. Benzene is a colorless gas with a pleasant odor. It was banned in the United States more than 20 years ago but is present in gasoline, crude oil and diesel exhaust. It is also a component in some degreasers and solvents. Latonya Paige is suing BNSF as well as the City of Houston and Texas following the death of her nephew from leukemia. Her lawsuit claims that the city and railroad have contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived only a couple blocks away from the rail yard and creosote treatment sites.
Cancer Symptoms
Railroad transportation is crucial to the American economy. The railroads in America transport 30 million passengers every year, and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grains as along with vehicles, chemicals and metal ore. A FELA injury lawyer can help you file a lawsuit 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 ties between 1968 and 2009 caused the condition. He also claims that he did not receive the necessary safety equipment to safeguard himself from the dangers of work.
LaTonya Paige, a second plaintiff who claims that her breast cancer was the result of her work at an Union Pacific rail yard. Houston resident LaTonya Payne first noticed a lump on her breast in 2016. When doctors removed the lump they discovered that it was malignant. The cancer has been able to spread to her lymph nodes, lungs, the esophagus, and her liver.
The Houston mayor asked the Biden administration for fines and orders to clean up the Union Pacific site located in the city. The site was used to store wooden railroad tie treated with coal tar and other poisonous chemical mixes until the 1980s. A study published in January by Texas health officials connected the area to clusters of acute myeloid leukemia, bladder, lung, colon and rectal cancers, and rheumatoid arthritis.
Other diseases may also have symptoms.
Railroad workers are at risk of developing serious health issues, especially those who are exposed to chemicals every day. The Federal Employers Liability Act gives railway employees the right to seek compensation when their employer has violated the law. Chaffin Luhana is dedicated to ensuring that victims receive the full amount of compensation they are entitled to.
Studies show that workers in the railway industry are more likely to develop types of cancer. Workers are exposed to harmful chemicals, whether they work inside locomotives or in yards. A study showed that railroad workers exposed to diesel exhaust had a greater chance of developing lung cancer. Benzene is another chemical that has been linked to cancer among railroad workers. It is found in a wide range of solvents, degreasers and other products used by the railway industry. It is also a component in diesel exhaust, and is known to cause non-Hodgkin lymphoma in rail workers.
In September the month of September, a jury awarded $7.5 million to a railroad employee who developed leukemia. The plaintiff was employed at Chicago and North Western Railroad and later Union Pacific Railroad Company for decades. He claimed that he was not wearing protective equipment while installing railroad tieways that were immersed in creosote. He also claimed to have been exposed to degreasing agents and led. He was diagnosed with myelodysplastic syndrome (MDS) that eventually progressed to acute myeloid leukemia.