FELA Lawsuits - Why You Should File a Railroad Lawsuit The Federal Employer's Liability Act (FELA) allows current, former railway workers, as well as retired workers the right to file a lawsuit against their employer if they contract cancer or suffer from another chronic illness through exposure to benzene, creosote, diesel fumes and other carcinogens. Contact us for a no-cost consultation with an experienced railroad lawyer today. FELA Lawsuits Railroads transport goods, services, and even people across the country each day. These massive systems require a large number railroad workers to manage and operate. The work of a railroad worker is extremely dangerous, despite technological advances. The Federal Employers Liability Act was adopted to ensure that railroad workers are not injured. In contrast to workers' compensation which is a no-fault insurance system, those who claim under FELA must demonstrate that their railroad employer was negligent to be eligible for payment. This is usually achieved by proving that the railroad's conduct violated a federal standard such as the Occupational Safety & Health Administration regulations, Boiler Inspection Act or Safety Appliance Act. Negligence is generally easier to prove in FELA lawsuits than in other personal injury claims or workers claims. This is due to the pure comparative fault criterion that allows workers to be awarded damages even if they contributed to their injuries. The attorneys at Shaw Cowart have extensive experience in FELA claims and know how to analyze the evidence in these cases. Since the time for filing a FELA claim is very limited so it is crucial to hire an attorney as soon as you can after your injury. This will allow us to collect statements as well as documents, records, and other evidence before it disappears. Contact Leukemia lawsuit to schedule one-on-one meetings with an attorney who has experience in railroad litigation today. Exposure to carcinogens Railroad workers are susceptible to contracting illnesses as a result of exposure to toxic chemicals. For a long time, railway workers have been exposed to welding fumes, diesel fumes,, asbestos silica, creosote, and silica. These chemicals can cause cancer and other ailments among railroad employees. If a current or former railroad employee develops an illness that is directly attributed to the chemicals they were exposed to on the job and is unable to cure it, they could be eligible to file an FELA lawsuit. Numerous studies have found railroad workers to be more susceptible to developing cancer than other jobs. Some of the most common types of cancers that occur in railroad workers include throat, esophageal, and lung cancers, as well as basal cell carcinomas of the neck and head. One of the most commonly used carcinogens that railroad workers are exposed is benzene. The smell of benzene is sweet and is an odorless, colorless gas. It was banned in the United States more than 20 years ago, but it is present in gasoline, crude oil and diesel exhaust. It is also a component of certain solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas, after her nephew died 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 just two blocks away from the railyard and creosote-treatment site. Cancer The 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 grain, oil as along with vehicles chemical, metal ore and. A FELA injury lawyer could help you file an action against your employer. For example, one former Union Pacific worker claims that the company's negligence led him to develop basal cell carcinoma, which is a skin cancer. He claims that his exposure to sunlight and creosote infused railroad ties between 1968 and 2009 caused the condition. He also complains that his workplace was not equipped with the proper safety equipment to protect him from his workplace hazards. Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on a Union Pacific track yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in 2016. When union pacific railroad lawsuit removed the lump they discovered that it was malignant. The cancer has taken over her lymph nodes to her liver, lungs and esophagus. The Houston mayor asked the Biden administration for fines and orders to clean up a Union Pacific site located in the city. The site was used for storage of railroad tie made from wood treated with coal tar and other poisonous chemical mixtures until the 1980s. In a study that was released by Texas health officials in January, the area was linked to clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers and rheumatoid joint. The symptoms of other illnesses Railroad workers are at risk of numerous health risks, including those who are exposed to chemicals on a regular basis. The Federal Employers Liability Act gives railway workers the right to pursue the right to compensation if their employer violates the law. Chaffin Luhana is dedicated to ensuring these victims receive the maximum amount of the compensation they're entitled to. Studies show that workers in the railroad industry are more likely to develop different types 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 that has been linked to cancer in railroad workers is benzene, that is found in a variety of degreasers and solvents used by railroad companies. It is also present in diesel exhaust and is known to cause non Hodgkin lymphoma among railroad workers. In September the month of September, a jury voted $7.5 million to an employee of a railroad who contracted leukemia. Bladder cancer lawsuit worked for Chicago and North Western Railroad and then Union Pacific Railroad Company for decades. He claimed that he did not wear protective equipment while installing railroad ties that were soaked in creosote. He also claimed that he was exposed to degreasing solvents, as well as lead. He was diagnosed with myelodysplastic Syndrome (MDS) that eventually led to acute myeloid leukemia.
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