A Railroad Lawsuit For Acute Myeloid Leukemia
Railroad workers frequently have prolonged exposure to carcinogenic chemicals and substances like creosote, benzene, and asbestos. If you think that exposure to these substances while working caused cancer, you may be entitled to compensation.
The FELA allows railroad workers to sue for negligence. For more information, speak to an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas is a cancer-causing gas if exposed to for a prolonged period. It is produced naturally in the environment, and also through gas emissions and smoking tobacco. The human body may also absorb benzene through the skin. A railroad worker who has developed cancer because of exposure to benzene could be eligible to file a claim against their employer for compensation.
In one instance, the widow of a railroad worker who died was awarded $1,000,000 by the company that employed her husband. Her husband, who died in 1995, was a pumpman on several tankers during the 1970s and 80s. He was regularly exposed to benzene's toxic fumes. When he passed away from acute myeloid leukemia in 1995 His wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloid tumor is a cancer that spreads quickly and can be fatal within the first few months after diagnosis if it's not treated. The majority of the time, it is treated with chemotherapy. However, in a few cases, targeted therapy and radiation might be employed.
We obtained defense verdicts for an industry class 1 railroad in two cases in which plaintiffs claimed that they suffered injuries to their brain from solvent-induced exposure over their 23 years on the railways. The defense offered expert testimony by a medical expert regarding causality, industrial hygiene and the jury ruled that the railway workplace was fairly safe.
Creosote Exposure
Coal creosote, also known as tar, is a blend of hundreds of chemicals that are used to protect wood, such as railroad ties. It contains a number of known carcinogens, including polycyclic aromatic hydrocarbons (PAHs). The PAHs present in creosote are taken up through the surface of the skin, or ingested by drinking water that is infected with this chemical. PAHs are also absorbed into the lungs, where they can cause lung cancer.
Inhalation of creosote may cause several symptoms, including eye irritation, respiratory irritation and nausea and vomiting. It can also cause third and fourth degree burns to the skin. The coal tar creosote compound is composed of PAH compounds that include naphthalene, naphthalene, and other carcinogenic compounds like Acenaphthene.
Creosote exposure can impact the health of family members and employees as well. For instance, some workers have developed basal cell tumors papular which are common skin cancers that may spread to other parts of the body. Some workers have also suffered from chronic lung disease and liver fibrosis, esophageal and esophageal, and chronic bronchitis.
The railroad industry often does not adequately inform employees on the dangers of a long-term exposure to toxic substances. For instance, it is not unusual for railroad workers to abandon diesel-powered locomotives, forklifts and cranes running during their work. They produce large quantities of exhaust fumes, which can be ingested or inhaled through the lung. They also soak rags with benzene solvents to clean machinery and tools.
Worker's Compensation
Railroad workers who develop cancer or other chronic diseases because of exposure to toxic chemicals, such as benzene and Creosote may be eligible for compensation for their medical costs and other expenses. A New York railroad cancer lawyer could assist those seeking claims under the Federal Employers Liability Act (FELA) to recover damages in cash.
Many health issues resulting from occupational exposure to carcinogenic chemicals such as diesel fumes, asbestos and silica, do not appear until a person is older. Thus the statute of limitations typically only lasts for three years from when an individual is first diagnosed with the disease. This is why it is essential to contact an experienced attorney for railroad accidents immediately when they are diagnosed.
In a recent case, Napoli Shkolnik PLLC was able to successfully defend a lawsuit filed against our client by a former railroad employee who was diagnosed with leukemia after years of exposure toxic chemicals. railroad controls limited lawsuit claimed that the company violated FELA by failing to properly train their employees and equip them with the proper safety equipment.
The jury gave the plaintiff damages of $7.5 million after concluding that the cancer was directly related to his work at the Chicago & North Western Railroad. The man was exposed to a variety of toxic chemicals, including benzene creosote, as well as degreasing solvents while working for the company.
FELA
Former railroad employees 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 and requires proof of the railroad employer not adequately protecting its workers from the dangers posed by exposure to chemicals.
Railroad corporations often fight FELA claims for occupational diseases. Defense lawyers usually argue that the ill former employee is unable to pinpoint specific instances of exposures that are harmful. They also point out the absence of official tests that show the presence of carcinogens or chemicals in the parts or equipment used by the railway.
In a successful FELA claim and a successful FELA claim, the family members of the victim can be compensated for past and future suffering as well as loss of enjoyment of life, mental stress, and other damages. If the victim dies as a result of their injuries or other causes, a wrongful-death claim can be filed to recover the compensation of the deceased's family members.
We collaborate with FELA attorneys to assist injured railroad employees receive the financial assistance they need. Contact us for a free consultation. We represent railroad workers across the United States, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.