A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers often have prolonged exposure to carcinogenic chemical and substances like creosote, benzene and asbestos. If you think that exposure to these chemicals while working led to your cancer, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more information, contact an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene is a colorless, poisonous gas that can cause cancer in those who are exposed to it over long periods of time. It is produced naturally in the environment, as well as through the combustion of gas and tobacco smoke. The skin is also able to absorb the benzene. Railroad workers who have been diagnosed with cancer as a result of exposure to benzene might be able to file a claim against their employer to receive compensation.
In one instance the widow of a railroad worker who died was awarded $1,000,000 by the company which employed her husband. Her late husband worked as pumpman on several tankers during the 1970s and 80s, and he was regularly exposed to benzene. His wife filed a suit for the wrongful death of the vessel owner after he died in 1995 of acute myeloid lymphoma.
Acute myeloid cancer is a cancer that spreads quickly and can be fatal within a few months of diagnosis if not treated. It is usually treated by chemotherapy. However, in certain cases, targeted therapies and radiation could be utilized.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed to have suffered injury to their brain from solvent-induced exposure throughout their 23-year journey on the rails. The defense offered expert testimony by a medical expert regarding causation, industrial hygiene and the jury ruled that the work environment of the railroad was fairly safe.
Creosote Exposure
It is a mix comprised of hundreds of chemicals that are used to preserve wood, such as railroad ties. It contains a number of carcinogens known to exist which include polycyclic aromatic hydrocarbons (PAHs). The PAHs in creosote are absorption through the skin and may be ingested by drinking water that has been contaminated with the chemical. PAHs can also be absorbed into the lungs where they can cause lung cancer.
Creosote inhalation can trigger a variety of symptoms, including eye irritation, respiratory irritation as well as nausea and vomiting. It can cause skin burns of the third and second degrees. The coal tar creosote chemical is an amalgamation of PAH compounds including naphthalene and other carcinogenic compounds, such as acenaphthene.
railroad workers cancer lawsuit could affect the health of employees and their families and their families, as well. Certain workers have developed papular base cell carcinomas (common occupational skin cancers) which may spread to different parts of the body. Others have been affected by chronic asthma, esophageal esophagus ulcers, and fibrosis of the liver and lungs.
The railroad industry doesn't always effectively inform its employees about the dangers associated with exposure to long-term toxic substances. It is not unusual for railroad employees to leave cranes, diesel locomotives or forklifts in operation while working. These engines produce large amounts of exhaust fumes, which can be inhaled and ingested through the lung. They also soak rags in benzene-based solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or a chronic illness due to exposure to toxic chemicals such as creosote and benzene could be entitled to compensation for their medical expenses and other damages. A New York railroad cancer attorney could assist those seeking claims for damages in the form of money under the Federal Employers Liability Act, or FELA.
Many diseases resulting from occupational exposures to carcinogenic substances like asbestos and diesel fumes, are not evident until a person reaches a certain age. In the majority of cases, statute of limitations lasts only three years after the first diagnosis. Therefore, it is essential that victims get in touch with a railroad injury lawyer immediately after being diagnosed.
In a recent lawsuit Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an ex-railroad employee who had been diagnosed with leukemia following decades of exposure to toxic chemicals. The plaintiff alleged that the company violated FELA by failing to properly train their employees and provide employees with the correct safety equipment.
The jury awarded the plaintiff damages of $7.5 million after determining that the cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals, including creosote, benzene, and degreasing agents.
FELA
Former railroad workers who are diagnosed with cancer resulting from exposure to toxic substances at work might be in a position to claim compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes which provide medical expenses and loss of wages to the victim, FELA is a statute based on fault that requires proof that the railroad employer is not adequately protecting its workers from the dangers of chemical exposures.
Railroad corporations often fight FELA claims for occupational diseases. Their defense lawyers often argue that the former employee is unable to pinpoint specific instances of exposure to hazardous substances. They also point out the absence of tests conducted by the government that prove the presence of carcinogens, or contaminants in parts or equipment employed by railways.
If you win a FELA claim, the victim's family members can be compensated for past and future suffering as well as loss of enjoyment of life, mental distress, and other damages. If the victim is killed in the process or a result of the accident, the family is able to file a wrongful-death claim to receive compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to assist injured railroad workers receive the financial assistance they require. Contact us for a free case evaluation. We represent railroad workers across the United States, including New York City, Boston and Hartford, St. Louis and Denver among others.