FELA and Railroad Lawsuits
Railroad workers exposed to toxic chemicals, such as coal fumes diesel exhaust benzene or asbestos are at risk of developing a serious illness including cancer. A successful FELA claim could provide compensation for medical expenses loss of income pain suffering and more.
A railroad worker who was diagnosed with leukemia was recently awarded $7.5 million from Union Pacific. This is only one example of the justice system standing up for victims.
Benzene
Railroad workers are frequently exposed to hazardous materials and chemical solvents, which include benzene. It is a highly evaporated liquid that can be absorbed by the skin or inhaled. It is linked to a number medical conditions including cancer blood-related cancers, such as Lymphoma and Leukemia, and bone-marrow diseases. It is also a cancer-causing substance and a component in coal tar creosote that is used to shield railroad ties from heat, sunlight and rain.
A former rail worker claimed that his exposure to benzene while working with coal tar creosote on railroad ties resulted in Myelodysplastic Syndrome (MDS), that progressed to Acute Myeloid Leukemia. A jury handed the man $7.5 million in September last year.
If you've been diagnosed with cancer or other chronic illnesses that result from exposure to asbestos, benzene radioactive substances, and other dangerous chemicals have the right to file a claim for compensation under FELA. Depending on the kind of cancer or illness the statute of limitation can vary, which is why it is crucial to speak with an experienced lawyer as soon as possible.
A railroad attorney at Shaw Cowart can help you determine if your case is eligible for a FELA claim. We provide free consultations, and we are knowledgeable about FELA and railroad workplaces.
Asbestos
Our lawyers have represented railroad workers who developed lung cancer or other health conditions due to asbestos exposure. They worked in areas like repair shops, engine room and yards, or on track equipment or derailed rail cars with asbestos insulation. This type of asbestos could be extremely hazardous, as when it is degraded, tiny fibers are released in the air. The fibers are breathed in by workers on railroads and can cause mesothelioma or lung cancer as well as asbestosis, and the pleural plaque.
In addition to asbestos, railroad workers are also at risk of developing lung ailments due to diesel exhaust and exposure to other workplace toxics such as solvents, welding fumes and silica sand. The particles and fumes that are emitted from these workplaces can harm the kidneys, lungs, gastrointestinal tract and blood cells. These injuries can be detected years after the initial exposure and can result in to a myriad of serious and debilitating conditions.
A recent case against Conrail exposes the risks associated with this type of work. The Appeals Court has upheld a jury verdict of $2.3million against Conrail, the railroad company, in respect of an ex-railway worker who died from mesothelioma. A jury awarded damages to cover pain and suffering as well as companionship loss, future medical expenses, and other losses. lawsuits against union pacific railroad of working closely with an experienced lawyer who can quickly determine whether an FELA claim is justified.
Radioactive Substances
Workers exposed to radioactive substances might develop cancers or serious ailments. These substances are typically hidden in the materials railroads use to clean tracks and other rail yards. They can be difficult to identify unless the railroad company is testing them for alpha and gamma radiation. If a railroad worker is diagnosed with cancer or suffers from another illness triggered through exposure to carcinogenic substances while on the job, he may submit a FELA and receive compensation from the former employer.
Research has shown that railway workers are more likely to develop various cancers than other people. This is due to the fact that they are constantly exposed to toxins that can lead to lung cancer, including asbestos as well as Sand dust (silica), welding fumes, diesel fumes, and creosote.
A railroad lawyer must be sought out as soon as possible by railroad workers who have been diagnosed as having cancer as a result of exposure to radiation on the job. They can assist them in determining whether they have a legal claim against their former employers and initiate the appropriate lawsuits in accordance with FELA. These claims can include compensation for medical costs and income loss as well as suffering and pain. Additionally, they can compensate for the loss of a loved one as part of a wrongful death claim. A railroad attorney with experience can assist victims in obtaining the maximum amount of damages they are entitled to, under FELA.
FELA
Engineers, conductors and train crew members work in hazardous environments where they can damage their lungs without even realizing. If a former railroad worker has contracted an illness, such as lung cancer or another condition that could be related to their job or work, they may be eligible to file for compensation under the Federal Employers Liability Act (FELA).
Unlike workers' compensation claims, FELA allows injured railroad employees and their families of deceased employees to sue for damages including past and future emotional and medical costs. An attorney familiar with FELA regulations could explain to you the options.
In order to prevail in a FELA claim it is necessary to prove that your employer was negligent. It could be a matter of breaking a law or rule or failing to adhere to an acceptable standard of care, and many more. A competent FELA lawyer could review your case to determine if the railroad's negligence played a role in causing your condition.
There are a variety of lung diseases and illnesses could be attributed to exposures from railroads. If you were exposed to asbestos, diesel exhaust, creosote and other toxins throughout your career on the railroad and you are a mesothelioma patient, a certified attorney can assist you in filing for compensation under FELA. Hughes Law Offices has handled FELA cases in the past and have resulted in various settlements and verdicts.