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Railroad workers typically have long-term exposure to carcinogenic chemical and substances like asbestos, benzene and creosote. If you have been diagnosed with cancer and believe that your exposure to these chemicals at work contributed to it, you may be entitled to compensation.
Bladder cancer lawsuit allows railroad workers to sue their employers for negligence. For more information, contact an acute myeloid plaintiff in a railroad lawsuit lawyer.
Benzene Exposure
Benzene, a colorless and toxic gas that can cause cancer when exposed to it for a prolonged period. It is created in the environment as well as by gas emissions and tobacco smoke. The skin is also able to absorb benzene. A railroad worker who developed cancer as a result of exposure to benzene could be eligible for monetary compensation from their employer.
In one case, the widow of a railroad worker who died was awarded $1,500,000 by the company which employed her husband. The deceased husband was a pumpman on different tankers throughout the 1970s and 80s. He was often exposed to benzene, a toxic chemical. His wife filed a suit for unjustified death against the vessel's owner following his passed away in 1995 from acute myeloid lymphoma.
Acute myeloid cancer is a form of cancer which spreads rapidly and can be fatal within a few months of diagnosis if not treated. Most commonly, it is treated with chemotherapy. However, in a few cases, targeted therapy or radiation can be utilized.
We obtained defense verdicts for a class 1 railroad in two cases in which plaintiffs claimed injury to their brains caused by solvent exposure over their 23 years on the railroads. The defense presented expert testimony by a medical expert regarding causality, industrial hygiene and the jury ruled that the railroad workplace was fairly safe.
Creosote Exposure
It is a mixture composed of hundreds of chemicals used to preserve wood such as railroad ties. It is known to contain carcinogens including polycyclic hydrocarbons (PAHs). The PAHs that are found in creosote may be absorbed through the surface of the skin or inhaled by drinking water that has been infected with this chemical. PAHs are also absorbed into the lungs, where they can cause lung cancer.
Creosote inhalation can cause a variety of symptoms like eye irritation, respiratory irritation, and nausea and vomiting. It can also cause second and third degree burns to the skin. Coal tar creosote consists of a number of PAH compounds such as naphthalene and acenaphthene as well as fluorene and phenanthrene, all of which are carcinogenic.
Exposure to creosote can affect the health of workers and their families and families. Certain workers have developed papular base cell carcinomas (common occupational skin cancers) which may develop to different parts of the body. union pacific railroad lawsuit have also suffered from chronic bronchitis, esophageal ulcers, and fibrosis of the liver and lungs.
A lot of times, the railroad industry isn't able to adequately inform employees on the dangers of prolonged exposure to toxic substances. It is not unusual for railroad workers to leave cranes, diesel engines, or forklifts running while working. Diesel exhaust from these engines can be inhaled or ingested. They also soak rags in benzene-based solvents to clean machines and tools.
Workers' Compensation
Railroad workers who have been diagnosed with cancer or another chronic illness due to exposure to toxic chemicals like creosote and benzene could be entitled to compensation for their medical expenses and other damages. A New York railroad cancer lawyer can help claimants pursue claims under the Federal Employers Liability Act (FELA) for monetary damages.
Many health issues resulting from exposure to carcinogenic substances like diesel fumes asbestos and silica, do not appear until a person is older. Thus the statute of limitation in most cases only runs for three years from when an individual is first diagnosed with the disease. It is therefore crucial that victims get in touch with a railroad injury lawyer promptly after being diagnosed.
In a recent case, Napoli Shkolnik PLLC successfully defended a lawsuit filed against our client by a former railway employee who was diagnosed with leukemia after decades of exposure to toxic chemicals. The plaintiff claimed that the company violated FELA in failing to provide their employees with the necessary safety equipment and education.
The jury awarded the plaintiff $7.5 million in damages following the conclusion that the cause of his cancer was directly connected to his work at the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals, including creosote, benzene and degreasing agents.
FELA
When a former railroad worker is diagnosed with cancer caused by exposure to toxic substances during their work, they may file a claim under the Federal Employers Liability Act, or FELA. Unlike workers' comp statutes which provide medical expenses and lost wages to the victims, FELA is a statute founded on fault that requires proof that the railroad employer is not taking steps to protect its employees from the dangers that come with chemical exposures.
Railroad corporations often fight FELA claims involving occupational illnesses. Their defense lawyers typically argue that the ill former employee is unable identify specific instances of exposures that are harmful. They also point to the lack of test results from an official laboratory that show the presence of toxins or carcinogens in the equipment or parts manufactured and used by the railway company.
A successful FELA claim is paid for future and past physical pain and suffering, loss of enjoyment of life, psychological distress and other damages. If the victim is killed in the process then the family can make a claim for wrongful death to receive compensation.
At Napoli Shkolnik PLLC, we work with seasoned FELA lawyers to help injured railroad workers get the financial assistance they require. Contact us today to arrange an appointment for a free case assessment. We represent railroad workers throughout the nation, including New York City, Boston, Hartford, St. Louis, Denver, and other cities.