A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to substances and chemicals that can cause cancer, like asbestos and benzene. If you've been diagnosed with cancer and believe your exposure to these chemicals while working caused it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. Contact a dedicated railroad lawsuit acute myeloidleukemia lawyer for more information.
Benzene Exposure
It is a colorless, poisonous gas that can cause cancer in individuals who are exposed to it for prolonged periods of time. It is naturally produced in the environment, as well as by gas emissions and smoking tobacco. The skin is also able to absorb benzene. A railroad worker who has been diagnosed with cancer as a result of exposure to benzene could be able to file a claim against their employer for monetary compensation.
In one instance the widow of a railroad worker who died was awarded $1,000,000 by the company that employed her husband. The deceased husband was a pumpman for various tankers in the 1970s as well as the 1980s. He was often exposed to benzene, a toxic chemical. His wife filed a lawsuit for the wrongful death of the vessel's owner after he died in 1995 of acute myeloid lymphoma.
Acute myeloid cancer is a form of cancer that spreads quickly and can be fatal within a few months of diagnosis if it isn't treated. The majority of patients are treated with chemotherapy, however in some cases radiation and targeted therapy may be used.
We obtained defense verdicts in two cases, in which plaintiffs claimed that they suffered brain damage due to exposure to solvents over their 23-year rail career. Leukemia lawsuit offered expert testimony by a medical expert regarding causation, industrial hygiene and the jury found that the workplace of the railroad was reasonably safe.
Creosote Exposure
It is a mixture consisting of hundreds of chemicals used to preserve wood such as railroad ties. It contains a variety of carcinogens that are known which include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote may be absorption through the surface of the skin or inhaled by drinking water that is infected with this chemical. PAHs also get absorbed by the lungs, and can cause lung cancer.
Creosote exposure through inhalation can trigger a variety of symptoms, including irritation to the respiratory tract, eye problems as well as nausea and vomiting. It can cause skin burns that are of the second and third degree. The coal tar creosote compound is a mixture of PAH compounds including naphthalene and other carcinogenic compounds such as acenaphthene.
Creosote exposure can be detrimental to the health of workers and their families. Certain workers have developed papular base carcinomas (common occupational skin cancers) which may expand to different areas of the body. Others have been affected by chronic asthma, esophageal ulcers and fibrosis of the lungs and liver.
The railroad industry does not always effectively inform its employees regarding the dangers associated with exposure to long-term toxic substances. For instance, it is common for railroad workers to leave diesel-powered forklifts, locomotives, and cranes running while they work. Diesel exhaust from these engines could be inhaled and ingested. They also soak rags in benzene containing solvents to clean machines and tools.
Worker's Compensation
Railroad workers who develop cancer or another chronic disease due to exposure toxic chemicals, such as benzene and Creosote, may be entitled compensation for medical expenses and other losses. A New York railroad cancer lawyer can help claimants pursue claims under the Federal Employers Liability Act (FELA) for financial damages.
Many diseases that are triggered by exposure to carcinogenic substances in the workplace like asbestos and diesel fumes do not manifest until the worker is older. In union pacific railroad lawsuit of cases, time limit for a statute of limitations is three years after the first diagnosis. This is why it is important that anyone who is a potential victim contact an experienced attorney for railroad accidents within the first few days after they are diagnosed.
In a recent case Napoli Shkolnik PLLC successfully defended an action 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 had violated FELA by failing to train their employees and provide them with the appropriate safety equipment.
The jury gave the plaintiff damages of $7.5 million after determining that the cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals including benzene, creosote, and degreasing solvents when working for the company.
FELA
Former railroad employees who are diagnosed with cancer resulting from toxic exposures at work may be in a position to file a claim for compensation under the Federal Employers Liability Act (FELA). Contrary to the statutes for workers' compensation that provide medical expenses and lost wages to victims, FELA is a statute based on fault that requires evidence of the railroad company not taking steps to protect its employees from the dangers of chemical exposures.
Railroad companies frequently fight FELA lawsuits involving occupational illnesses. Bladder cancer lawsuit claim that the sick former employee cannot identify specific instances of exposure to harmful substances. They also point out the lack of official tests showing the presence of carcinogens and chemicals in the parts or equipment employed by the railway.
If you win a FELA claim, the victim's family members are entitled to compensation for their past and future pain and suffering and loss of enjoyment life, mental suffering, and other damages. If the victim is killed in the process or a result of the accident, the family is able to make a claim for wrongful death to seek the compensation.
At Napoli Shkolnik PLLC, we work with experienced FELA lawyers to assist injured railroad workers obtain the financial assistance they require. Contact us for a complimentary consultation. We represent railroad workers across the United States, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.