FELA and Railroad Lawsuits
People who are exposed to toxic chemicals, such as coal fumes, diesel exhaust or asbestos can be diagnosed with serious illnesses like cancer. A successful FELA case can award damages to compensate for medical expenses, income loss, pain and suffering.
Union Pacific recently awarded $7.5 Million to one of its railroad workers who was diagnosed with Leukemia. This is just one example of the justice system standing up for the victims.
Benzene
Railroad workers are often exposed to hazardous substances and chemical solvents like benzene. Benzene, a highly-evaporative liquid can be absorbed through the skin or inhaled. It is associated with various medical conditions, including cancer blood-related cancers, such as Lymphoma and Leukemia, and bone-marrow disease. It is also a cancer-causing substance and a component of coal tar creosote that is used to shield railroad tie from heat, sunlight and rain.
A former railway worker claimed that his exposure to benzene while working with coal-tar creosote to create railroad ties, lead to Myelodysplastic Syndrome. This progressed to Acute Myeloid leukemia. A jury handed him $7.5 million last September.
Those who have been diagnosed as having cancer or other chronic diseases due to daily exposure to radioactive substances benzene asbestos, and other hazardous chemicals, have the right to claim compensation under FELA. The time period for filing claims can vary based on the type and extent of the cancer or illness. It is important to consult an experienced attorney as soon as you can.
Shaw Cowart's railroad attorneys can help you determine if your case is suitable for an FELA lawsuit. We offer no-cost consultations, and we are well-versed in FELA and railroad workplaces.
Asbestos
Our attorneys have represented railroad workers who developed lung cancer and other health issues due to asbestos exposure. They worked in areas like repair shops, engine room and yards, or on track equipment or derailed railway cars that contained asbestos insulation. This type of asbestos is particularly hazardous since, when it begins to degrade tiny fibers are released into the air. These fibers could be inhaled by workers on railroads and cause mesothelioma and other asbestos-related health issues such as lung cancer asbestosis, pleural plaque and fibrosis.
Railroad workers are at the risk of developing lung disease due to diesel exhaust, silica sand and welding fumes. cancer lawsuit can cause harm to the lungs, kidneys and the gastrointestinal tract. These injuries are often identified several years after the initial exposure and can lead to various grave and debilitating health conditions.
A recent case against Conrail exposes the dangers of this type of work. The Appeals Court upheld a jury award of $2.3 million to the railroad company for an ex-railway employee who passed away from mesothelioma. A jury awarded damages to compensate for the pain and suffering, companionship loss, future medical expenses, and other losses. This case highlights the importance of working closely with an experienced attorney who can quickly determine if a FELA claim is legitimate.
Radioactive Substances
People exposed to radioactive substances might develop cancers or serious diseases. These substances are often hidden in the materials that railroads employ to clean tracks and other rail yards. It is often difficult to identify them unless the railroad company actively tests for Gamma and Alpha radiation. If a railway worker is diagnosed with cancer or another condition caused by exposure to carcinogenic chemicals on the job, they are able to submit an FELA claim and receive compensation from their former employer.
Railroad workers are more prone than others to develop cancers. They are constantly exposed to toxic substances that can cause lung cancer. They are exposed to asbestos or Sand (silica), diesel fumes or welding fumes.
A railroad lawyer is recommended to be consulted as soon as possible by railroad workers who are diagnosed with cancer as a result of exposure to radiation while working. They can help them determine if there is a claim against the former employer and make the appropriate lawsuits that are based on FELA. These claims can include compensation for medical expenses, loss of income and suffering and pain. They may also be compensated for the death of a loved one in a wrongful-death claim. An experienced railroad attorney can assist victims in obtaining the full amount of compensation they are entitled to, under FELA.
FELA
Railroad workers such as engineers, conductors and other members of the train crew are often exposed to hazardous conditions which can cause lung damage without even realizing it. Former railroad workers who developed lung cancer or another condition that could be caused by their work can apply for compensation under Federal Employers Liability (FELA).
Contrary to workers' compensation FELA permits railroad employees who are injured to sue. This includes past and future medical costs and emotional suffering. An attorney knowledgeable of FELA regulations could explain to you the options.
To be successful in a FELA claim you must show that your employer was negligent. The definition of negligence can be as simple as breaking a law or rule or failing to meet the acceptable standards of care, and more. A skilled FELA lawyer can review your case to determine whether the railroad's negligence caused your condition.
Railroad exposure can cause a variety of lung illnesses. If you were exposed to asbestos, diesel exhaust, creosote, or other toxins during your time working on the railway, a qualified mesothelioma attorney can assist you in filing for compensation under FELA. The FELA cases handled by Hughes Law Offices have led to a variety of settlements and verdicts.