FELA Lawsuits - Why You Should File a Railroad Lawsuit
The Federal Employer's Liability Act (FELA) provides current, past and retired railroad workers the right to sue their employer when they develop cancer or a chronic illness because of exposure to benzene (creosote), benzene carcinogens, and diesel fumes. Call for a free consultation with an experienced railroad lawyer today.
FELA Lawsuits
Railroads transport goods, services, and Railroad Cancer Lawsuit Settlements even people throughout the country every day. These huge systems require a large number railroad workers to operate and manage. Despite advances in technology, the job of a railroad worker remains extremely hazardous. Therefore, the Federal Employers Liability Act (FELA) was enacted to protect railroad lawsuit settlements workers who have been injured.
In contrast to workers' comp which is a no-fault system claims, the claimant must show that their railroad employer was negligent to receive payment under FELA. Usually, this is accomplished by proving that the railroad's conduct violated a federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act, or Safety Appliance Act.
In FELA cases it is simpler to prove negligence than in other personal injury claims. This is due to the pure comparative negligence criterion which permits individuals to seek compensation regardless of whether their actions caused their injuries.
Shaw Cowart's lawyers have vast experience in FELA claims and know how to look into evidence in these cases. It is essential to retain a lawyer as early as possible after your injury, as the time frame for filing an FELA claims is limited. This allows us to gather statements of documents, papers, and other evidence before it disappears. Contact us today to arrange individual consultation with an attorney experienced in railroad litigation today.
Exposure to carcinogens
Railroad workers face the danger of contracting a range of illnesses due to exposure to toxic chemicals and toxins working. Railroad workers have been exposed for years to welding fumes and diesel fumes. They are also exposed to lead, asbestos creosote and silica as well as creosote and creosote. These chemicals can cause cancer and other ailments among railroad employees. If a former or current railroad employee has an illness directly related to the chemicals they were exposed to in their job and is able to submit an FELA suit.
Many studies have shown that railroad workers tend to be more susceptible to a high rate of cancer than people in other jobs. Some of the most prevalent kinds of cancers found among railroad workers are lung, esophageal and throat cancer as well as basal cell carcinomas that affect the head and neck.
Benzene is among the most frequently used carcinogens which railroad workers are exposed. The smell of benzene is sweet and is an odorless, colorless gas. It was banned over 20 year ago in the United States, but it remains in crude oil and diesel exhaust. It is also an ingredient in some solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas after her nephew passed away from leukemia. The lawsuit alleges that the city and railroad contaminated her neighborhood with toxic chemicals from the railroad's train yard. Giles lived only a couple blocks from the rail yard and creosote treatment sites.
Cancer Symptoms
Railroad transportation is vital to the American economy. Each year, America's railroads carry 30 million passengers and 1.6 billion tons of freight, including food lumber crude oil, grain, automobiles chemicals, crushed stone and metal ore. Railroad workers are exposed to a diverse range of dangerous materials, and many develop illnesses like cancer as a result. A FELA injury attorney can help you file a lawsuit against your employer.
One former Union Pacific employee claims that the company's negligence led to his basal cell cancer, which is a type of 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 was not have the proper safety equipment to protect oneself from the dangers of work.
Another plaintiff, LaTonya Payne, says her breast cancer was the result of her work on an Union Pacific track yard. Houston resident LaTonya Payne first noticed the lump on her breast in 2016. The mass was later discovered to be malignant after doctors removed it. The cancer has expanded to her lymph nodes, lungs, the liver, and esophagus.
The Houston mayor has asked the Biden administration to seek penalties and orders for the cleanup of a union pacific railroad lawsuits Pacific site in his city. The site was used from the 1980s to store wooden Railroad Cancer Lawsuit Settlements (Dbbio.Kr) ties which were treated with creosote a chemical mixture of coal tar and other poisonous chemicals. In a report released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer bladder cancer colon and rectal cancers and rheumatoid joint.
The signs of other Diseases
Railroad workers face many health risks, especially those who are exposed to chemicals on a regular basis. 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 these victims receive the full amount of the compensation they're entitled to.
Studies have shown that people working in the railroad industry are more likely to develop various types of cancer. Workers are exposed to harmful chemicals, whether they are working inside locomotives or in yards. For example, a study shows that railroad workers exposed to diesel exhaust were more likely to develop lung cancer. Benzene is another chemical that has been linked with cancer among railroad workers. It is found in a variety of solvents, degreasers and other products used in the railroad industry. It is also present in diesel exhaust and has been proven to cause non Hodgkin lymphoma among rail workers.
In September the month of September, a jury voted $7.5 million to an employee of the railroad who was diagnosed with leukemia. The plaintiff 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 constructing railroad lawsuits ties that were soaked in creosote. He also claimed that he was exposed to cleaning solvents and lead. He was diagnosed with myelodysplastic Disorder (MDS), which eventually progressed into acute myeloid Leukemia.
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