FELA and Railroad Lawsuits
Railroad workers who are exposed to toxic chemicals such as diesel exhaust fumes, coal fumes, benzene or asbestos are at risk of developing serious illness such as cancer. A successful FELA claim can award damages to pay medical expenses, income loss and pain and suffering.
Leukemia lawsuit awarded $7.5 Million to one of their railroad workers who developed Leukemia. This is just one instance of the justice system standing up for the victims.
Benzene
Railroad workers are frequently exposed to dangerous substances and chemical solvents, which include benzene. It is a highly evaporative liquid which can be absorbed via the skin or inhaled. It has been linked to a range of medical ailments, including cancer, blood cancers such as leukemia and lymphoma, as well as bone marrow diseases. It is also a carcinogen and is a component of coal creosote. It's used to protect railroad ties from sunlight, heat, rain and snow.
A former railroad worker claimed that his exposure to benzene from working with coal tar creosote on railroad ties caused Myelodysplastic Syndrome (MDS), which eventually developed into Acute Myeloid Leukemia. A jury handed him $7.5 million in September.
Anyone who has been diagnosed as having cancer or other chronic illnesses due to daily exposure to benzene asbestos radioactive substances as well as other hazardous chemicals, are entitled to claim compensation under FELA. Depending on the kind of cancer or illness the statute of limitations will vary, therefore it is imperative to speak with an experienced lawyer as quickly as you can.
Shaw Cowart's railroad attorneys can assist you in determining if your case is suitable to be an FELA lawsuit. We offer free consultations, and we are familiar with FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who developed lung cancer or other illnesses due to asbestos exposure. They often worked in areas like repair shops, engine rooms, and yards and on rail cars that had been damaged or track equipment with asbestos insulation that was becoming degraded. This type of asbestos is particularly hazardous because, when it deteriorates, tiny fibers are released into the air. These fibers are inhaled by railroad workers and can cause mesothelioma, as well as other asbestos-related illnesses like lung cancer, asbestosis, pleural plaque and fibrosis.
In cancer lawsuits to asbestos railroad workers are at risk of developing lung diseases due to diesel exhaust as well as exposure to other workplace toxics such as welding fumes, solvents and silica sand. These fumes can cause damage to the lungs, kidneys and gastrointestinal tract. These injuries are often diagnosed many years after an employee's initial exposure and can lead to many serious and debilitating medical conditions.
Recent cases against Conrail shows the dangers associated with this kind of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail in respect of a former railway worker who was diagnosed with mesothelioma. Bladder cancer lawsuit awarded damages for his suffering and pain, loss of companionship, future medical expenses and other losses. This case highlights the importance of working with a seasoned lawyer who can quickly assess whether an FELA claim is warranted.
Radioactive Substances
People exposed to radioactive substances may develop cancers or other serious ailments. These substances are typically hidden in the materials that railroads use to clean track and other rail yards. It can be difficult to detect them unless the railroad's company examines for alpha and Gamma radiation. If a railway worker develops cancer or another illness caused through exposure to carcinogenic substances at work, he is able to file an FELA and receive compensation from the former employer.
Railroad workers are more likely than other workers to develop cancer. This is due to the fact that they are constantly exposed to toxins that can cause lung cancer, such as asbestos and the sand dust (silica), welding fumes, diesel fumes and creosote.
Railroad workers who have been diagnosed with cancer as the result of on-the-job exposure should speak to an attorney for railroads as soon as possible. They can help them determine if there is a claim against the former employer and make the appropriate lawsuits in accordance with FELA. These claims can include reimbursement for medical expenses and income loss as well as pain and suffering. Additionally, they may pay for the loss of a loved one's life in the event of wrongful death. An experienced railroad lawyer can help victims get the full amount of damages that they are entitled to under FELA.
FELA
Railroad workers such as engineers, conductors, and members of train crews frequently work in dangerous environments that can damage lungs without realizing it. If a former railroad employee has been diagnosed with an illness such as lung cancer or another illness which could be linked to their job and work, they could be eligible to seek compensation under the Federal Employers Liability Act (FELA).
As opposed to workers' compensation claims, FELA allows injured railroad employees and their families of deceased employees to file lawsuits for damages that include future and past emotional and medical costs. An attorney who is knowledgeable about FELA rules can inform you the options.
To be successful in a FELA claim you must prove that your employer was negligent. Negligence could include breaking a rule or law or failing to meet the acceptable standards of care, and many more. A FELA lawyer will review your case and determine if railroad negligence caused your condition.
There are a variety of lung diseases and illnesses can be linked to railroad exposures. If you were exposed to asbestos, diesel exhaust creosote, or other toxins during your career on the railway, a qualified mesothelioma attorney can assist you in filing for compensation under FELA. The FELA cases handled by Hughes Law Offices in the past have resulted in a variety of settlements and verdicts.