A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers are often exposed to prolonged exposure to carcinogenic chemicals and substances such as creosote, benzene, and asbestos. If you believe that exposure to these chemicals while working has caused cancer, you could be entitled compensation.
The FELA allows railroad workers to sue for negligence. Contact a specific railroad lawsuit acute myeloid leukemia lawyer for more information.
Benzene Exposure
Benzene is a colorless, poisonous gas that can cause cancer to people who are exposed for prolonged durations. It is naturally produced in the environment, and also by gas emissions and smoking tobacco. The skin can also absorb benzene. Railroad workers who developed cancer as a result of exposure to benzene may be eligible for financial compensation from their employer.
In one case the widow of a railroad worker who died was awarded $1,000,000 by the company that employed her husband. Her husband was a pumpman on different tankers during the 1970s and 1980s. He was regularly exposed to benzene, a toxic chemical. After his death from acute myeloidleukemia in 1995 His wife filed a claim for wrongful death against the vessel's owner.
Acute myeloid leukemia can be a fast-moving cancer that can be fatal in just several months if it is not treated immediately. The majority of cases, it is treated by chemotherapy. However, in certain cases, targeted therapy and radiation could be utilized.
We obtained defense verdicts in two cases, where plaintiffs claimed they suffered brain injury due to exposure to solvents throughout their 23-year railroad career. Leukemia lawsuit provided expert testimony on medical causation as well as industrial hygiene and the jury ruled that the railroad's work environment was fairly safe.
Creosote Exposure
Coal creosote tar is a mix of hundreds of chemicals used to protect wood, such as railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs that are found in creosote are absorption through the surface of the skin or ingested through drinking water that has been affected by this chemical. PAHs are also absorbed through the lungs, and can cause lung cancer.
Creosote inhalation can trigger a variety of symptoms like respiratory irritation, eye problems, and nausea and vomiting. It can cause skin burns in the third and second degrees. The coal tar creosote contains a mixture of PAH compounds including naphthalene and other carcinogenic substances like acenaphthene.
Creosote exposure can affect the health of employees and their families as well. Certain workers have developed papular base cell carcinomas (common occupational skin cancers) which can spread to different parts of the body. Other workers have suffered from chronic lung disease, esophageal and liver fibrosis, and chronic bronchitis.
The railroad industry often does not adequately inform employees on the dangers of a long-term exposure to toxic substances. For instance, it's common for railroad workers to leave diesel-powered forklifts, locomotives and cranes in operation while they work. These engines generate large amounts of diesel exhaust that can be ingested and inhaled through the lungs. They also soak rags in benzene containing solvents to clean machines and tools.
Worker's Compensation
Railroad workers who are diagnosed with cancer or other chronic illness resulting from exposure to toxic chemicals such as benzene and creosote may be entitled to compensation for medical expenses and other losses. A New York railroad cancer attorney can assist workers in pursuing claims for monetary damages under the Federal Employers Liability Act, or FELA.
Many illnesses that result from occupational exposure to carcinogenic chemicals like asbestos and diesel fumes are not evident until a person is older. In the majority of cases, statute of limitations lasts only three years after the first diagnosis. This is why it is essential that anyone who is a potential victim contact an experienced attorney for railroad accidents as soon as they can when they are diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway employee who was diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA for not providing their employees with the proper safety equipment and education.
The jury gave the plaintiff damages of $7.5 million after determining that the cancer was directly linked to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals such as creosote, benzene, and degreasing agents.
FELA
Former railroad employees who are diagnosed with cancer resulting from exposure to toxic substances at work might be eligible to claim compensation under the Federal Employers Liability Act (FELA). In contrast to the workers' compensation laws that cover medical expenses and lost wages to victims, FELA is a statute based on fault, which requires evidence of the railroad company not protecting their employees from the dangers that come with exposure to chemicals.
Railroad companies often fight FELA claims involving occupational illness. Defense lawyers usually argue that the ill former employee is unable identify specific instances of exposure to harmful substances. They also point out the absence of tests conducted by the government that prove the presence of carcinogens, or toxic substances in the equipment or parts employed by railways.
A successful FELA claim is awarded compensation for past and future physical suffering and pain in addition to loss of enjoyment life, psychological suffering, and other related damages. If the victim dies due to their injuries and/or injuries, a wrongful demise claim can be filed to seek compensation for the deceased person's family members.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to assist injured railroad workers get the financial assistance they require. Contact us for a complimentary consultation. We represent railroad workers across the nation including New York City, Boston and Hartford, St. Louis and Denver, among other cities.