A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, such as asbestos and benzene. If you have been diagnosed with cancer and believe that your exposure to these chemicals at work contributed to it, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more details, contact a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
It is a colorless, toxic gas that can cause cancer to people who are exposed over long periods of time. It is created in the atmosphere as well as by the emission of gas and tobacco smoke. The human body can also absorb benzene through the skin. A railroad worker who developed cancer as a result of exposure to benzene may be eligible for financial compensation from their employer.
In one instance the widow of a railroad employee who passed away was awarded $1,500,000 by the company that employed her husband. Her husband, who died in 1995, was a pumpman on several tankers in the 1970s as well as the 1980s. He was frequently exposed to toxic benzene. His wife filed a suit for unjustified death against the vessel's owner after he passed away in the year 1995 from acute myeloid lymphoma.
Acute myeloid Leukemia is an aggressive type of cancer that can be fatal in just one or two months if treated promptly. cancer lawsuits is typically treated with chemotherapy, however in some instances radiation therapy and targeted therapy may be used.
We obtained defense verdicts in 2 cases where plaintiffs claimed brain injuries due to exposure to solvents during their 23-year journey on rail. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury ruled that the workplace of the railroad was reasonably safe.
Creosote Exposure
It is a mix comprised of hundreds of chemicals that are used to preserve wood such as railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). The PAHs that are found in creosote can be absorption through the surface of the skin or ingested through drinking water that is contaminated with this chemical. PAHs can also be absorbed into the lungs, where they could cause lung cancer.
Inhalation exposure to creosote can trigger a variety of symptoms like irritation to the respiratory tract, eye problems as well as nausea and vomiting. It can cause skin burns in the second and third degrees. Coal tar creosote contains numerous PAH compounds such as naphthalene and acenaphthene as well as fluorene and phenanthrene each of which is carcinogenic.
Creosote exposure can impact the health of employees and their families as well. Some workers have developed papular basal cell carcinomas (common occupational skin cancers) which may develop to different parts of the body. Some have also suffered from chronic asthma, esophageal esophagus ulcers, and fibrosis of the liver and lungs.
Often, the railroad industry isn't able communicate effectively with employees on the dangers of long-term exposure to toxic substances. It is not uncommon for railroad workers to leave cranes, diesel locomotives or forklifts on the road while they work. These engines produce large amounts of diesel exhaust that can be inhaled and ingested through the lung. They also soak rags with benzene solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who contract cancer or suffer from another chronic illness due to exposure harmful chemicals like benzene and Creosote, could be entitled to compensation for medical expenses and other expenses. A New York railroad cancer attorney could assist in pursuing claims for damages in the form of money under the Federal Employers Liability Act, or FELA.
Many diseases resulting from exposure to carcinogenic substances at work like asbestos and diesel fumes, don't manifest until a person is older. In the majority of cases, time limit for a statute of limitations is three years after the first diagnosis. Therefore, it is essential that potential victims contact an attorney who handles railroad injuries promptly after being diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended the case brought against our client by a former railway worker who was diagnosed with leukemia after years of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA by failing to properly train their employees and provide them with the appropriate safety equipment.
The jury awarded the plaintiff $7.5 million in damages, after determining that his cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed by the company to benzene and other toxic chemicals, including creosote and benzene as well as degreasing agents.
FELA
When a former railroad worker is diagnosed with cancer resulting from exposure to toxic substances at work the worker may pursue a claim for compensation under the Federal Employers Liability Act, or FELA. In contrast to workers' compensation laws which offer victims medical expenses and some loss of wages, FELA is a fault-based statute that requires proof that the railroad employer was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies frequently fight FELA claims that involve occupational diseases. Their defense lawyers typically argue that the sick former employee is unable identify specific instances of exposure to harmful substances. They also point to the lack of official test results that indicate the presence of toxic substances or carcinogens in the equipment or parts manufactured and used by the railway company.
If you win a FELA claim, the victim's family members may be compensated for past and future pain and suffering as well as the loss of enjoyment from life, mental distress, and other damages. If the victim dies due to the incident of the incident, the family may pursue wrongful-death claims to receive the compensation.
At Napoli Shkolnik PLLC, we work with skilled FELA lawyers to assist injured railroad workers receive the financial assistance they require. Contact us for a free consultation. We represent railroad workers across the nation, including New York City, Boston and Hartford, St. Louis and Denver, among other cities.