공지사항

Railroad Settlement Leukemia

Rail workers move 1.6 billion tonnes of freight and transport 30 million people every year. In many cases, these workers are exposed to dangerous chemicals that can cause serious health issues and potentially life-threatening illnesses such as cancer.

A railyard cancer lawyer will assist injured workers in filing an claim for compensation under the Federal Employers Liability Act. FELA allows railroad workers, both current and former to sue their employers in the event that they were negligent in causing cancer or other health issues.

FELA

The Federal Employers Liability Act (FELA) is a law that permits railroad employees and their families to file a lawsuit against their employers if injured on the job. As opposed to workers' comp, which does not require an employee to prove negligence on the part of the employer, FELA claims are based upon the theory that railroad companies must provide safe working conditions for their employees and educate employees on how to work in a safe way.

This includes providing the appropriate training in the proper manner, maintaining property, tools, and safe equipment. If the railroad does not adhere to this obligation employees may be exposed to carcinogenic and dangerous materials that contribute to serious injuries or illness. Railway workers injured in the line of duty and their families are entitled to damages for lost wages, future and past medical expenses, emotional distress and pain and suffering.

Railroad exposure can cause numerous injuries and illnesses, such as mesothelioma, leukemia (multiple myeloma) lung cancer, railroad settlement leukemia and mesothelioma. Furthermore, many railroad workers have been affected by occupational diseases which can worsen existing conditions such as fibromyalgia, and spinal injuries.

The railroad industry has exposed countless families to harmful chemicals every day. Fortunately, New York railroad injury lawyers assist injured employees and their loved ones to file FELA claims to receive the financial compensation they need to cover medical costs and other expenses. This compensation isn't enough to repair the damage, but it will ease your stress and offer some justice.

Statute of Limitations

Railroad workers who are suffering with cancer, kidney disease or any other illness resulting from years of exposure to toxic fumes and chemicals must consult a knowledgeable railroad attorney immediately. Federal law provides these workers with the right to pursue compensation even if the condition occurs years or decades after they last worked for the railroad.

For instance, railroad worker James Brown was awarded $7.5 million in damages due to his acute myeloid leukemia (AML) that developed from exposure to chemicals at Chicago & North Western Railway and Union Pacific Railroad Co. for 18 years and 13 years, respectively. Brown's duties included installing rail ties, washing equipment, and cleaning rail ties. Brown was required to wear dirty clothes that allowed harmful chemicals like creosote, to soak into his body.

The FELA statute of limitations for cases like this is the discovery rule which states that the three-year clock does not begin until the railroad worker is aware or reasonably should be aware that their illness is work related. This is one reason why railroad workers should seek out an experienced railroad cancer lawyer immediately.

In addition to a possible settlement by railroad for leukemia patients, they can claim compensation for the past and future lost wages and medical expenses that insurance does not cover the cost of, pain and suffering as well as loss of consortium. A mesothelioma lawyer may offer a no-cost consultation to look over the case.

Pre-existing Conditions

Each year railroads transport 30 million people and 1.6 billion tons of freight, including cars, trucks, chemicals grains and other wood products, as well as vehicles, food, metal ore wood and other products. However railroad workers are exposed to a range of carcinogens and hazardous chemicals which can put them at risk for life-changing diseases such as leukemia.

Throughout the years, railroad workers were exposed to toxic substances such as asbestos creosote (as well as diesel exhaust) and benzene. Many of them worked in factories where diesel-powered locomotives, forklifts and cranes were constantly running and caused fumes to linger in the work areas. Workers also dipped rags in cleaners containing benzene to clean equipment and components.

Railroad workers are more at risk of developing lung diseases including COPD. This could lead to heart attacks and strokes, or cancer. Smoking cigarettes can also worsen respiratory diseases and make someone more prone to developing lung cancer.

It's crucial to inform your lawyer if you have a medical condition. The insurance company is going to ask about your medical background, and if you're dishonest with them or hide details from them, it could impact the amount you receive as a settlement. If you're honest with your attorney and your attorney, you'll be able answer all of their questions and avoid uncovering any information that could be detrimental to your case.

Attorney Fees

Railroad workers are exposed to various carcinogens on their job, including benzene, creosote, asbestos, and. If they are diagnosed with cancer or other serious illness, they could file a lawsuit for compensation under the Federal Employers Liability Act (FELA). The amount of a settlement for leukemia in the railroad can vary depending on the circumstances such as the length of time the employee was exposed. A competent FELA cancer lawyer can help an injured railroad worker determine the value of their claim and negotiate with the insurance company to receive an appropriate and fair amount of compensation.

In one instance, our railroad cancer lawyers successfully defended a railroad client in an FELA suit alleging that exposure of diesel exhaust and toxic chemicals led to oropharynx carcinoma for the plaintiff. The court granted summary judgment, finding that the statute of limitations was in effect prior to the plaintiff's diagnosis and that his claims were barred due to the previous release agreement.

If you've been diagnosed with railroad cancer or have other health issues that are related to your on-the-job exposure, contact us now to set up a free legal consultation. We will review your medical records and other documents to determine the amount a railroad settlement leukemia could be worth. We can also discuss whether you are eligible for other compensations, like lost wages in the past or in the future and medical expenses that aren't covered by insurance.