A Railroad Lawsuit For Acute Myeloid Leukemia
Rail workers are often exposed to substances and chemicals that can cause cancer, including asbestos and benzene. If you have been diagnosed with cancer and believe your exposure to these chemicals during your job caused it, you could be entitled to compensation.
The FELA law allows railroad employees to sue their employers for negligence. For more information, contact an acute myeloid railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless toxic gas is a cancer-causing gas when exposed for a long time. It is produced naturally in the environment, and also by gas emissions and smoking tobacco. The human body is also able to absorb benzene through the skin. A railroad worker who developed cancer because of exposure to benzene might be able to sue their employer for compensation in the form of money.
In one instance the widow of a railroad worker who passed away was awarded $1,500,000 by the company which employed her husband. The deceased husband was a pumpman on various tankers in the 1970s and 80s. He was exposed to benzene's toxic fumes. When he passed away from acute myeloid leukemia in 1995, his wife filed a wrongful-death claim against the vessel's owner.
Acute myeloid leukemia is a fast-moving cancer that can cause death in several months if it is not treated promptly. It is typically treated with chemotherapy, however in some instances radiation therapy and targeted therapy can be employed.
We obtained defense verdicts in two cases, where plaintiffs claimed brain injury from exposure to solvents over their 23-year journey on rail. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury concluded that the railroad's work environment was fairly safe.
Creosote Exposure
It is a mixture consisting of hundreds of chemicals that are used to preserve wood such as railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). Creosote's PAHs are absorption through the skin and can be inhaled through drinking water contaminated with the chemical. PAHs are also absorbed into the lungs, where they may cause lung cancer.
Inhalation exposure to creosote can lead to a variety of symptoms such as respiratory irritation, eye problems, and nausea and vomiting. It can cause third and second degree burns to the skin. Coal tar creosote is a rich source of PAH compounds, including naphthalene, acenaphthene fluorene, phenanthrene, and fluorene and fluorene, all of which are carcinogenic.
Creosote exposure can affect the health of workers and their families as well. For instance, some workers have developed papular basal cell carcinomas which are typical occupational skin cancers that can spread to other parts of the body. Railroad Cancer Lawsuit Settlements have also suffered from chronic lung disease as well as liver and esophageal fibrosis and chronic bronchitis.
The railroad industry does not often communicate effectively with its employees regarding the dangers associated with long-term exposure to toxic substances. It is not uncommon for railroad employees to leave cranes, diesel engines, or forklifts running while working. The engines generate a lot of diesel exhaust that is ingested and breathed in through the lungs. They also soak rags in benzene that contains solvents to clean machinery and tools.
Workers' Compensation
Railroad workers who are diagnosed with cancer or other chronic illness because of exposure to toxic chemicals such as creosote or benzene may be entitled to compensation for their medical expenses and other damages. A New York railroad cancer attorney could help workers pursue claims for damages in the form of money under the Federal Employers Liability Act, or FELA.
Many diseases resulting from exposure to carcinogenic substances in the workplace, such as asbestos and diesel fumes don't manifest until a worker reaches an older age. In most cases, the statutes of limitations only last three years following the first diagnosis. This is the reason it is crucial to contact an experienced attorney for railroad accidents within the first few days after they are diagnosed.
In a recent instance, Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway worker who was 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 equip them with proper safety equipment.
The jury awarded the plaintiff $7.5 million in damages after finding that his cancer was linked to his work at the Chicago & North Western Railroad. The man was exposed toxic chemicals like benzene creosote, as well as degreasing solvents while working for the company.
FELA
Former railroad workers who have been diagnosed with cancer because of toxic exposures at work may be qualified to claim compensation under the Federal Employers Liability Act (FELA). Unlike workers' compensation statutes that offer victims medical expenses as well as some lost wages, FELA is a fault-based law that requires evidence that the railroad's employer failed to protect its workers from the dangers of chemical exposures.
Railroad companies often fight FELA claims for occupational diseases. Defense lawyers usually claim that the sick former employee is unable identify specific instances of exposures that are harmful. They also point out the lack of official tests indicating the presence or carcinogens or toxic substances in the equipment or parts that are used by the railway.
A successful FELA claim is awarded compensation for past and future physical pain and suffering, loss of enjoyment of life, psychological stress, and other damages. If the victim is killed as a result then the family can pursue wrongful-death claims to receive the compensation.
At Napoli Shkolnik PLLC, we collaborate with experienced FELA lawyers to help injured railroad workers obtain the financial help they require. Contact us to set up an evaluation of your case for free. We represent railroad workers throughout the country, including in New York City, Boston, Hartford, St. Louis, Denver, and other cities.