A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are frequently exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you believe that exposure to these substances while working has caused cancer, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more details, contact an acute myeloid plaintiff in a railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas can cause cancer when exposed for a prolonged period. It is naturally produced in the environment, as well as through gas emissions and smoking tobacco. The human body may also absorb benzene through the skin. A railroad worker who suffered from cancer as a result of exposure to benzene could be eligible to file a claim against their employer for monetary compensation.
In one instance, a deceased railroad employee's widow was awarded $1,500,000 in damages from the company that employed him. Her husband was a pumpman on several tankers throughout the 1970s and 1980s. He was exposed to benzene, a toxic chemical. When he passed away from acute myeloid leukemia in the year 1995, his wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloid cancer is a type of cancer which spreads rapidly and can be fatal within the first few months after diagnosis if not treated. It is usually treated with chemotherapy, but in some instances radiation therapy and targeted therapy might be utilized.
We obtained defense verdicts in 2 cases where plaintiffs claimed they suffered brain injury due to solvent-induced exposure over their 23-year career on the railroad. The defense presented expert testimony by a medical expert regarding causation, industrial hygiene and the jury ruled that the work environment of the railroad was relatively safe.
Creosote Exposure
It is a mix comprised of hundreds of chemicals that are used to preserve wood such as railroad ties. It contains several known carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote may be absorption through the surface of the skin or ingested through drinking water that has been affected by this chemical. PAHs can also be absorbed into the lung where they can cause lung cancer.
Creosote can trigger various symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and fourth degree burns to the skin. Coal tar creosote has a variety of PAH compounds that include naphthalene, acenaphthene and fluorene. Phenanthrene is also a component each of which is carcinogenic.
Creosote-related exposure can have a negative impact on the health of workers as well as their families. For instance, some employees have developed basal cell tumors papular which are typical occupational skin cancers that may spread to other parts of the body. Some workers have also suffered from chronic lung disease as well as liver and esophageal fibrosis, and chronic bronchitis.
The railroad industry does not always communicate effectively with its employees about the dangers associated with long-term exposure to toxic substances. For union pacific railroad lawsuit , it's common for railroad workers to leave diesel-powered forklifts, locomotives and cranes running while they work. They produce large quantities of diesel exhaust, which can be ingested and inhaled through the lung. They also soak rags in benzene containing solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or another chronic illness because of exposure to toxic chemicals like creosote or benzene may be entitled to compensation for medical expenses and other losses. cancer lawsuit can assist workers in pursuing claims for damages monetary under the Federal Employers Liability Act, or FELA.
Many illnesses related to exposure to carcinogenic substances at work like diesel fumes and asbestos, are not apparent until the worker is older. In most cases, the statute of limitations is only three years after a person's 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 after they are diagnosed.
In a recent lawsuit, Napoli Shkolnik PLLC was able to successfully defend a lawsuit brought against our client by an employee of a railroad who had been diagnosed with leukemia as a result of years of exposure to toxic chemicals. The plaintiff claimed that the company had violated FELA by failing to train their employees and provide employees with the correct safety equipment.
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 harmful chemicals such as benzene, creosote and degreasing solvents while working for the company.
FELA
Former railroad workers who are diagnosed with cancer due to exposure to toxic chemicals at work could be in a position to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to workers' compensation statutes that provide medical expenses and lost wages to the victims, FELA is a statute founded on fault that requires evidence of the railroad's employer not taking steps to protect its employees from the dangers posed by exposure to chemicals.
Railroad corporations often fight FELA claims involving occupational illnesses. Their defense attorneys commonly claim that the sick former employee is unable to pinpoint specific instances of exposures that are harmful. They also point out the lack of official test results that indicate the presence of toxic substances or carcinogens in equipment or parts used by the railway company.
If you win a FELA claim, the victim's family members can be compensated for their past and future suffering as well as the loss of enjoyment from life, mental distress, and other damages. If the victim dies due to their injuries and/or injuries, a wrongful demise claim may be pursued to recover compensation for the deceased person's family members.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to assist injured railroad workers receive the financial help they require. Contact Leukemia lawsuit to schedule an appointment for a free case assessment. We represent railroad workers across the United States, including New York City, Boston and Hartford, St. Louis and Denver among others.