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 while working caused it, you could be entitled to compensation.
The FELA law allows railroad workers to sue their employers for negligence. For more details, contact a railroad lawsuit acute myeloid lawyer.
Benzene Exposure
It is a colorless, toxic gas that can cause cancer in those who are exposed for prolonged durations. It is naturally produced in the environment, and also by gas emissions and smoking tobacco. The skin is also able to absorb benzene. A railroad worker who developed cancer as a result of exposure to benzene might be eligible for monetary compensation from their employer.
In one instance, a deceased railroad employee's widow was awarded $1,500,000 in damages from the company that employed him. The late husband worked as an engineer on various tankers in the 1970s and 80s, and was exposed to benzene. After his death from acute myeloidleukemia, in the year 1995 his wife brought a wrongful death lawsuit against the vessel's owner.
Acute myeloid tumor is a cancer that is rapidly spreading and can be fatal within just a few months after diagnosis if it isn't treated. It is usually treated with chemotherapy. However, in certain cases, targeted therapies and radiation may be used.
We have obtained defense verdicts in two cases where plaintiffs claimed they suffered brain injury due to exposure to solvents during their 23-year career on the railroad. The defense provided expert evidence on medical causation, as well as industrial hygiene and the jury ruled that the railroad's workplace was reasonably safe.
Creosote Exposure
It is a mixture consisting of hundreds of chemicals used to preserve wood such as railroad ties. It is a known carcinogen including polycyclic hydrocarbons (PAHs). Creosote's PAHs are absorption through the skin and may be ingested by drinking water that has been contaminated with the chemical. PAHs are also absorbed through the lungs, where they can cause lung cancer.
Creosote inhalation can cause several symptoms, including respiratory irritation, eye problems and nausea and vomiting. It can also cause second and third degree burns to the skin. The coal tar creosote is composed of PAH compounds like naphthalene and other carcinogenic compounds such as Acenaphthene.
Creosote exposure could affect the health of employees and their families and families. Certain workers have developed papular basis cell carcinomas (common occupational skin cancers) which may develop to different parts of the body. Others have been affected by chronic asthma, esophageal ulcers and fibrosis of the liver and lungs.
The railroad industry often fails to communicate adequately with employees on the dangers of prolonged exposure to toxic substances. It is not uncommon for railroad workers to leave diesel locomotives, cranes, or forklifts operating while they work. Diesel exhaust from these engines can be inhaled and eaten. They also soak rags in benzene-based solvents to clean machines and tools.
Workers' Compensation
Railroad workers who develop cancer or suffer from another chronic illness because of exposure to harmful chemicals like benzene and Creosote may be eligible for compensation for medical expenses and other losses. 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 ailments related to exposure to carcinogenic substances in the workplace such as diesel fumes, asbestos and silica are not likely to develop until a worker is older. In most cases, the statutes of limitations only last three years after the first diagnosis. It is therefore crucial that victims get in touch with a railroad injury lawyer as soon as they can after being diagnosed.
In a case that was recently heard, Napoli Shkolnik PLLC successfully defended the suit brought against our client by a former railway employee who was diagnosed with leukemia following years of exposure to toxic chemicals. The plaintiff alleged that the company was in violation of FELA in failing to provide employees with the appropriate safety equipment and training.
The jury gave the plaintiff $7.5 million in damages after finding that the cause of his cancer was directly connected to his job on the Chicago & North Western Railroad. The man was exposed to benzene by the company and other toxic chemicals, including creosote and benzene as well as degreasing agents.
FELA
Former railroad workers who are diagnosed with cancer resulting from exposure to toxic substances at work might be in a position to file a claim for compensation under the Federal Employers Liability Act (FELA). In contrast to workers' comp laws that offer victims medical expenses and some lost wages, FELA is a fault-based statute that requires evidence that the railroad's employer did not adequately protect its employees from the dangers of chemical exposures.
Railroad companies frequently fight FELA lawsuits involving occupational illnesses. Defense attorneys often claim that the former employee is unable to identify specific instances of health problems. They also point out the absence of official test results that indicate the presence of toxic substances or carcinogens found in equipment or parts made and used by the railway company.
A successful FELA claim is the compensation for future and past physical pain and suffering, loss of enjoyment of life, psychological distress, and other related damages. If the victim dies due to the incident then the family can file a wrongful-death claim to receive compensation.
We work with FELA attorneys to help railroad employees injured obtain the financial assistance they need. Contact us today to arrange an evaluation of your case for free. We represent railroad workers across the country including New York City, Boston and Hartford, St. Louis and Denver among others.