Railroad Lawsuit Laryngeal Cancer: The Good, The Bad, And The Ugly

FELA Lawsuits - Why You Should File a Railroad Lawsuit

The Federal Employer's Liability Act (FELA) gives current, former and retired railroad workers the right to file a lawsuit against their employer if they contract cancer or a chronic illness due to exposure on the job to benzene, creosote, carcinogens, and diesel fumes. Contact us today for a no-cost consultation with an experienced railroad lawyer.

FELA Lawsuits

Railroads transport goods, services, and people across the country each day. It takes a significant number of railroad workers in order to operate and manage these massive systems. The job of a railway worker is extremely hazardous, despite technological advances. As such, the Federal Employers Liability Act (FELA) was enacted to protect railroad workers injured.

In contrast to workers' compensation that is a no-fault insurance system claims, the claimant must show that their railroad employer was negligent to be eligible for payment under FELA. This is typically accomplished by proving that the railroad's conduct violated any federal law, like the Occupational Safety and Health Administration regulations, Boiler Inspection Act or Safety Appliance Act.

In FELA cases it is more straightforward to prove negligence than other personal injury lawsuits. This is due to the pure comparative negligence criterion which permits individuals to seek compensation even if their own actions caused their injuries.

The lawyers at Shaw Cowart have extensive experience in FELA claims and know how to analyze the evidence in these cases. Since the time frame for filing an FELA claim is very limited and therefore, it is essential to seek out an attorney as soon as you can after your injury. This allows us to gather statements as well as documents, records, and other evidence before it disappears. Contact us today for a an appointment with a railroad litigation attorney.

Exposure to carcinogens

Railroad workers are at risk of contracting a variety of illnesses as a result of exposure to toxic chemicals. For many years, railroad workers have been exposed to diesel fumes, welding fumes and asbestos, lead silica, creosote, and silica. These chemicals can cause cancer or other diseases among railroad workers. If a former or present railroad employee suffers from an illness that is directly related to the chemicals they were exposed to on the job, they may be eligible to file an FELA lawsuit.

Numerous studies have proven railroad workers to be more susceptible to developing cancer than other occupations. The most frequent cancers for railroad workers are lung, esophageal, and throat cancers as well basal-cell cancers of the neck and head.

One of the most frequent carcinogens that railway workers are exposed to is benzene. It is a colorless gas that has a sweet odor. It was banned more than 20 year ago in the United States, but it is still found in diesel and crude oil exhaust. It is also a component in certain solvents and degreasers. Latonya Payne is suing BNSF and the City of Houston, Texas following the death of her nephew from leukemia. Her lawsuit claims the railroad and city contaminated the neighborhood with toxic chemicals that came from the railroad's rail yard. Giles lived only a couple blocks away from the rail yard and creosote treatment site.

Cancer Symptoms

Railroad transportation is critical to the American economy. The railroads in America transport 30 million passengers each year and 1.6 billion tonnes of freight. This includes lumber, food, crude oil, grain as in addition to vehicles, chemicals and metal ore. A FELA injury lawyer could help you file a suit against your employer.

For instance, a former Union Pacific worker claims that the company's negligence caused him to develop basal cell carcinoma, a skin cancer. He claims that exposure to sun radiation and creosote-coated railroad ties in the years 1968 through 2009 contributed to the condition. He also claims that he did not receive the proper safety equipment to safeguard himself from workplace hazards.

Another plaintiff, LaTonya Payne, says her breast cancer was a result of her work on an Union Pacific track yard. Houston resident LaTonya Payne first noticed an enlargement on her breast in the year 2016. When doctors removed the mass and found it was malignant. The cancer has been spreading from her lymph nodes to her liver, lungs and esophagus.

The Houston mayor contacted the Biden administration for fines and orders to clean up a Union Pacific site located in the city.  Leukemia lawsuit  was used up to the 1980s to store wooden railroad ties that were treated with creosote an organic mixture of coal tar and other poisonous chemicals. In a study released by Texas health officials in January, the area was associated with clusters of acute leukemia, lung cancer, bladder cancer colon and rectal cancers as well as rheumatoid arthritis.

Other diseases may also have symptoms.

Railroad workers are at risk of developing serious health problems, especially in the event that they are exposed chemicals on a daily basis. The Federal Employers Liability Act gives railway employees the right to seek compensation if their employer is in violation of the law. Chaffin Luhana is dedicated to ensuring these victims receive the full amount of the compensation they're entitled to.

According to studies, people in the railway industry are more at risk of developing cancer. Workers are exposed to harmful chemicals, whether they work in locomotives or in yards. For example an investigation has shown that railroad workers who were exposed to diesel exhaust were more likely to suffer from lung cancer. Another chemical that has been linked to cancer in railroad workers is benzene, which is a component of many solvents and degreasers utilized by rail companies. It is also a component of diesel exhaust, and it is believed to cause non-Hodgkin's lymphoma in rail workers.

In September the month of September, a jury awarded $7.5 million to a railroad employee who developed leukemia. The plaintiff worked at Chicago and North Western Railroad and later Union Pacific Railroad Company for many years.  union pacific railroad lawsuit  claimed that he was not required to wear protective equipment when putting in railroad ties soaked in creosote.  cancer lawsuit  claimed that he had been exposed to lead and degreasing agents. He suffered from myelodysplastic syndrome (MDS) which later progressed to acute myeloid leukemia.