A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to chemicals and substances that can cause cancer, including asbestos and benzene. If you've been diagnosed with cancer and believe that your exposure to these chemicals during your job caused it, you could be entitled to compensation.
The FELA law allows railroad workers to sue their employers for negligence. Contact a specific railroad lawsuit acute myeloid leukemia lawyer for more details.
Benzene Exposure
Benzene is a colorless and poisonous gas that can cause cancer in individuals who are exposed to it for prolonged durations. It is created in the environment as well as from the combustion of gas and tobacco smoke. The human body may also absorb benzene through the skin. A railroad worker who been diagnosed with cancer as a result of exposure to benzene might be eligible to file a claim against their employer for compensation.
In one instance the deceased railroad employee's widow was awarded damages of $1,500,000 from the company which employed him. Her late husband worked as pumpman on several tankers in the 1970s and 1980s and he was regularly exposed to benzene. After his death from acute myeloid leukemia in 1995, his wife filed a wrongful death claim against the vessel's owner.
Acute myeloid cancer is a cancer that is rapidly spreading and can be fatal within just a few months after diagnosis if it isn't treated. Most commonly, it is treated by chemotherapy. However, in a few cases, targeted therapy or radiation may be used.
We secured defense verdicts in two cases, where plaintiffs claimed brain injuries due to exposure to solvents during their 23-year journey on rail. The defense presented expert evidence on medical causation, as well as industrial hygiene and the jury concluded that the workplace of the railroad was relatively safe.
Creosote Exposure
Coal creosote or tar is a mixture of hundreds of chemicals that are used to protect wood, such as railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs found in creosote may be absorbent through the surface the skin or ingested through drinking water that is infected with this chemical. PAHs can be absorbed into lungs where they may cause lung cancer.
Creosote-inhalation exposure can cause a range of symptoms such as respiratory irritation, eye problems nausea and vomiting. It can also cause third and fourth degree burns to the skin. The coal tar creosote is made up of PAH compounds including naphthalene and other carcinogenic compounds like acenaphthene.
Creosote exposure can affect the health of family members and employees and their families, as well. For instance, some workers have developed basal cell cancers of the papular type which are typical occupational skin cancers that may spread to other parts of the body. Other sufferers have had chronic asthma, esophageal ulcers and fibrosis of the lungs and liver.
The railroad industry doesn't always effectively inform its employees about the dangers that come with exposure to long-term toxic substances. For instance, it is common for railroad workers to leave diesel-powered locomotives, forklifts and cranes on the road during their work. Diesel exhaust from these engines could be inhaled and ingested. They also soak rags in benzene containing solvents to clean machines and tools.
union pacific railroad lawsuit who are diagnosed with cancer or a chronic illness resulting from exposure to toxic chemicals like creosote and benzene might be entitled to compensation for medical expenses and other losses. A New York railroad cancer attorney could help workers pursue claims for monetary damages under the Federal Employers Liability Act, or FELA.
Many of the ailments that result from occupational exposure to carcinogenic chemicals such as diesel fumes, asbestos and silica do not appear until a person is older. In most cases, the statutes of limitations only last three years after a person's first diagnosis. This is the reason it is crucial to contact an experienced railroad injury lawyer as soon as possible 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 after years of exposure to toxic chemicals. The plaintiff claimed that the firm was in violation of FELA in failing to provide their employees with the proper safety equipment and education.
The jury gave the plaintiff $7.5 million in damages after finding his cancer was linked to his job on the Chicago & North Western Railroad. The man was exposed toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
Bladder cancer lawsuit
If a former railroad employee is diagnosed with cancer due to exposure to toxic chemicals on the job or at work, they can file a claim under the Federal Employers Liability Act, or FELA. In contrast to workers' comp laws which offer victims medical expenses as well as some lost wages, FELA is a fault-based statute that requires proof that the railroad's employer was negligent in protecting its workers from the dangers of chemical exposures.
Railroad companies often fight FELA claims for occupational diseases. Defense lawyers typically claim that the former employee is unable to pinpoint specific instances of health problems. They also point out the lack of official test results indicating the presence of toxins or carcinogens within equipment or parts made and used by the railway company.
A successful FELA claim is compensated for past and future physical suffering and pain in addition to loss of enjoyment life, psychological distress, and other damages. If the victim is killed due to the incident of the incident, the family may bring a wrongful-death lawsuit to receive compensation.
We work with FELA attorneys to assist injured railroad employees get the financial help they need. Contact Leukemia lawsuit to arrange an appointment for a free case assessment. We represent railroad workers across the country including New York City, Boston and Hartford, St. Louis and Denver among others.